MOD | 37 | Manure Spreader - Amendment 1

FBO DAILY ISSUE OF APRIL 23, 2011 FBO #3437
MODIFICATION

37 -- Manure Spreader - Amendment 1

Notice Date: 4/21/2011
Notice Type: Modification/Amendment
NAICS: 423820 — Farm and Garden Machinery and Equipment Merchant Wholesalers
Contracting Office: Department of the Air Force, Direct Reporting Units, USAF Academy - 10 CONS, 8110 Industrial Drive, Suite 200, USAF Academy, Colorado, 80840-2315, United States
ZIP Code: 80840-2315
Solicitation Number: FA7000-11-T-0029
Archive Date: 5/12/2011
Point of Contact: Audra R Coppa, Phone: 7193334193, Nicole Baert, Phone: 7193338924
E-Mail Address: audra.coppa@usafa.af.mil, nicole.baert@usafa.af.mil
(audra.coppa@usafa.af.mil, nicole.baert@usafa.af.mil)
Small Business Set-Aside: Total Small Business
Description: Buy American Act Certificate The purpose of Amendment 0001 is to: 1) Change the Close date to no later than 5:00 PM Mountain Standard Time, 27 April 2011 2) Clarify that vendor will be responsible to remove the truck box from the M35A3 truck 3) Add pick up location of M35A3 truck is the Golden National Guard Armory, 1181 Kilmer Street, Golden, CO 80401 (Adjacent to Colorado State Patrol training school) 4) Updated cab to trunion to be 154 inches and year of M35A3 to be 2004. 5) Added the following statement: Delivery terms beyond 4 months will NOT be considered technically acceptable. 6) Added the following statements: M35A3 has an automatic Alison AT1545P transmission and a 3116 Caterpillar diesel I engine, 127 to 170 HP. M35A3 truck has the following dimensions and weights: 154 inches cab to trunion, 96 inches wide, 112 inches high, 277 inches long, 13,530 lbs with winch and 13,030 lbs without winch. Vendor must acknowledge understanding of Amendment 0001 in their quote. This is a combined synopsis/solicitation for commercial goods prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written (formal) solicitation will not be issued. This solicitation is issued as a Request for Quotation (RFQ), solicitation number FA7000-11-T-0029, in accordance with FAR Parts 12 & 13. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-51, Effective 1 April 2011. The North American Industrial Classification System (NAICS) number is 423820 and the small business size standard is 100 employees. This buy is a 100% small business set-aside. All responsible sources may submit a quote, which if received timely, will be considered by the 10th Contracting Division, USAF Academy (USAFA). Please read and comply with all requirements for submitting a quote. Failure to comply with all instructions contained within this combined synopsis/solicitation could result in the quote being ineligible for award. It is the offeror's responsibility to ensure their quote meets all the requirements identified herein. The USAFA Equestrian Center has a requirement to procure a truck mounted manure spreader. The requirement includes the following salient characteristics:  Manure spreader must be configured to mount to a government-owned 2004 M35A3 2.5 Ton, 6-wheel all wheel drive (AWD) Army truck. There should be a minimum of 154 inches from cab to trunion with additional 6 inches recommended. The M35A3 has a 24V electrical system. M35A3 has an automatic Alison AT1545P transmission and a 3116 Caterpillar diesel I engine, 127 to 170 HP. M35A3 truck has the following dimensions and weights: 154 inches cab to trunion, 96 inches wide, 112 inches high, 277 inches long, 13,530 lbs with winch and 13,030 lbs without winch.  Quote shall include all modifications to the M35A3 truck to mount the manure spreader and any associated transportation costs.  Offeror shall include any additional equipment required for the spreader to function  Manure spreader box must hold a minimum of 600 cubic feet of solid manure product  Manure spreader must discharge to the rear of the spreader box with a minimum spread pattern of 8 feet  Offeror must specify the recommended truck speed range and transmission gearbox ratios  Offeror must specify the recommended minimum PTO speed  The spreader bed speed must have a minimum range of 0 to 14 feet per minute  Average discharge particle size to be less than or equal to 3 inch on average  Fluid used to meet ISO 90 Gear lube and ISO 46 Hydraulic oil  Product to include a minimum of (6) six month warranty REQUIREMENTS FOR QUOTE Prices quoted must be Firm-Fixed price to include shipping and handling charges based on F.O.B Destination. Prices are to include any costs associated with removing truck box and transporting the M35A3 truck. Item Unique Identification (IUID) applies to this acquisition (see DFARS clause 252.211-7003 below) http://www.iuidtoolkit.com/ Buy American Act and certification of compliance is required and must be submitted with quote (see DFARS clause 252.225-7001). Provide pricing for each of the following line items: CLIN Description Qty Unit Unit Price Extended Price 0001 Truck Mounted Manure Spreader 1 Each $______ $__________ 0002 Item Unique Identifier (IUID) Marking 1 Each $______ $__________ TOTAL PRICE $__________ The following Federal Acquisition (FAR) clauses apply to this combined synopsis/solicitation and offerors must comply with all instructions contained in FAR 52.212-1, Instructions to Offerors--Commercial Items, addenda applies: The contractor shall submit their quote on company letterhead to include the following: solicitation number, contact name, address, telephone number of the offeror, unit price, extended price, any discount terms, delivery terms, cage code, DUNS number, tax identification number, size of business, and warranty information. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. Quotes must be received no later than 5:00 pm Mountain Standard Time, 27 April 2011 at 10 CONS/ LGCB, Attn: Audra Coppa, 8110 Industrial Drive, Suite 200, USAF Academy, CO 80840-2315. Quotes may also be submitted by e-mail to the Primary POC or by fax to 719-333-9103. Questions and responses should be addressed to the Primary POC Audra Coppa, Contract Specialist, USAF Academy (719) 333-4193, audra.coppa@usafa.af.mil. Alternate POC is Nicole Baert, Contracting Officer, (719) 333-8924, nicole.baert@usafa.af.mil. Offers received after this date and time will be considered late in accordance with 52.212-1(f) and may not be evaluated. Addenda to FAR 52.212-1, Proposal Preparation Instructions: a. The Offeror must submit data that adequately demonstrates that its product meets or exceeds the salient characteristics of the solicitation. A general statement of compliance or restatement of the salient characteristics is insufficient. Offerors shall include in their quote descriptive literature such as illustrations, drawings, or a clear reference, such as a web site to information readily available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. If an offeror cannot comply with every requirement that offer will not be considered. b. Prices quoted must be Firm-Fixed Price to include shipping and handling charges based on F.O.B Destination. Quotes received with FOB: Other than Destination will not be considered. Proposed delivery time frame is to be included in quote. Delivery terms beyond 4 months will NOT be considered technically acceptable. PICK UP ADDRESS: Golden Nation Guard Armory 1181 Kilmer Street Golden, CO 80401 (adjacent to Colorado State Patrol Training School) SHIP TO ADDRESS: Equestrian Center 7067 Cottonwood USAF Academy, CO 80840 719-333-4607 c. The provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items and its Alternate I, must be completed. Offerors are highly encouraged to complete all representations and certifications electronically on line at (http://orca.bpn.gov/publicsearch.aspx). If not completed on-line, 52.212-3 and its Alternate I shall be completed in hard copy and submitted with quote. d. DFARS 252.225-7001, Buy American Act and Balance of Payments Program (Jan 2009) (Attachment 1), must be completed and returned with quote. The certificate can also be obtained at http://farsite.hill.af.mil/). In accordance with FAR 52.212-4(t), Central Contractor Registration (CCR) contractors must be registered with CCR to conduct business with the Department of Defense. No purchase order can be awarded to any company without this registration. (www.ccr.gov) The provision at FAR 52.212-2 (Jan 1999), Evaluation--Commercial Items apply to this acquisition. The Government will award a contract resulting from this solicitation to the responsive 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: Award will be made on the basis of determining the technically acceptable offer with the lowest evaluated price which meets or exceeds the requirements. Offers will be ranked first in order from lowest to highest price. The lowest price offer will then be evaluated for technical acceptability. If the lowest price offer is not considered technically acceptable then the next lowest offer will be evaluated and so on. Once an offer has been considered technically acceptable then no further offers will be evaluated. The offeror with the lowest evaluated price, technically acceptable offer will be awarded the contract. A technically acceptable offer shall include an itemized list of deliverables that includes installation of manure spreader on M35A3 truck, FOB Destination, Buy American Act certificate and meet all salient characteristics. Delivery terms beyond 4 months will NOT be considered technically acceptable. If an offer is not technically acceptable it may not be considered. The following clauses apply to this acquisition. The clause at FAR 52.212-4, Contract Terms and Conditions--Commercial Items, with the following addenda, applies: Addendum to FAR 52.212-4(c) Changes Text in paragraph (c) is deleted and replaced with the following: Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriation data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting Officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b)) (End of Addendum) The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Deviation) applies to this acquisition. Additional FAR clauses cited in the clause applicable to this acquisition are: 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) 52.219-6 Notice of Total Small Business Set-Aside 52.219-28 Post-Award Small Business Program Representation (Jun 2007) 52.222-3 Convict Labor (Jun 2003) 52.222-19 Child Labor -- Cooperation with Authorities and Remedies (Aug 2007) 52.222-21 Prohibition of Segregated Facilities (Feb 1999) 52.222-26 Equal Opportunity (Mar 2007) 52.222-36 Affirmative Action for Workers with Disabilities (Jun 1998) 52.222-41 Service Contract Act of 1965 (Nov 2007) 52.222-50 Combating Trafficking in Persons (Aug 2007) 52.222-99 (Dev) Notification of Employee Rights under the National Labor Relations Act (DEVIATION 2010-O0013) (JUN 2010) 52.223-18 Contractor Policy to Ban Text Messaging While Driving (Sep 2010) 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2006) 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) 52.233-3 Protest After Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998): This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at this address: http://farsite.hill.af.mil/ applies to this acquisition. DFARS 252.212-7001 Contract terms and conditions required to implement statutes or executive orders applicable to defense acquisitions of commercial items (Deviation) (Dec 2010) applies to this acquisition. Additional DFARS clauses cited in the clause applicable to this acquisition are: 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Jan 2009) 252.225.7001 Buy American Act and Balance of Payments Program (Jan 2009) 252.211-7003 Item Identification and Valuation (Aug 2008) 252.225-7002 Qualifying Country Sources of Subcontractors (Apr 2003) 252.225-7012 Preference for Certain Domestic Commodities (Jun 2010) 252.232-7003 Electronic Submission of Payment Requests (Mar 2008) 252.232-7010 Levies on Contract Payments (Jul 2010) (End of clause) DFARS 252.211-7003 ITEM IDENTIFICATION AND VALUATION (AUG 2008) (a) Definitions. As used in this clause- "Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media. "Concatenated unique item identifier" means- (1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or (2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number. "Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows. "DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/equivalents.html. "DoD unique item identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number. "Enterprise" means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items. "Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing agency. "Government's unit acquisition cost" means- (1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery; (2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and (3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery. "Issuing agency" means an organization responsible for assigning a non-repeatable identifier to an enterprise (i.e., Dun & Bradstreet's Data Universal Numbering System (DUNS) Number, GS1 Company Prefix, or Defense Logistics Information System (DLIS) Commercial and Government Entity (CAGE) Code). "Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier. "Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts. "Lot or batch number" means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions. "Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards. "Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface. "Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent. "Serial number within the enterprise identifier" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise. "Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment. "Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier. "Serialization within the part, lot, or batch number" means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier. "Unique item identifier" means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent. "Unique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html. (b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item. (c) Unique item identifier. (1) The Contractor shall provide a unique item identifier for the following: (i) All delivered items for which the Government's unit acquisition cost is $5,000 or more. (ii) The following items for which the Government's unit acquisition cost is less than $5,000: Contract Line, Subline, or Exhibit Line Item Number Item Description ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ (iii) Subassemblies, components, and parts embedded within delivered items as specified in Attachment Number _N/A___. (2) The unique item identifier and the component data elements of the DoD unique item identification shall not change over the life of the item. (3) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that-(i) The encoded data elements (except issuing agency code) of the unique item identifier are marked on the item using one of the following three types of data qualifiers, as determined by the Contractor: (A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard. (B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard. (C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and (ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology - Transfer Syntax for High Capacity Automatic Data Capture Media. (4) Unique item identifier. (i) The Contractor shall- (A) Determine whether to- (1) Serialize within the enterprise identifier; (2) Serialize within the part, lot, or batch number; or (3) Use a DoD recognized unique identification equivalent; and (B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in the version of MIL-STD-130, Identification Marking of U.S. Military Property, cited in the contract Schedule. (ii) The issuing agency code- (A) Shall not be placed on the item; and (B) Shall be derived from the data qualifier for the enterprise identifier. (d) For each item that requires unique item identification under paragraph (c)(1)(i) or (ii) of this clause, in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, either as part of, or associated with, the Material Inspection and Receiving Report, the following information: (1) Unique item identifier. (2) Unique item identifier type. (3) Issuing agency code (if concatenated unique item identifier is used). (4) Enterprise identifier (if concatenated unique item identifier is used). (5) Original part number (if there is serialization within the original part number). (6) Lot or batch number (if there is serialization within the lot or batch number). (7) Current part number (optional and only if not the same as the original part number). (8) Current part number effective date (optional and only if current part number is used). (9) Serial number (if concatenated unique item identifier is used). (10) Government's unit acquisition cost. (11) Unit of measure. (e) For embedded subassemblies, components, and parts that require DoD unique item identification under paragraph (c)(1)(iii) of this clause, the Contractor shall report as part of, or associated with, the Material Inspection and Receiving Report specified elsewhere in this contract, the following information: (1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part. (2) Unique item identifier of the embedded subassembly, component, or part. (3) Unique item identifier type.** (4) Issuing agency code (if concatenated unique item identifier is used).** (5) Enterprise identifier (if concatenated unique item identifier is used).** (6) Original part number (if there is serialization within the original part number).** (7) Lot or batch number (if there is serialization within the lot or batch number).** (8) Current part number (optional and only if not the same as the original part number).** (9) Current part number effective date (optional and only if current part number is used).** (10) Serial number (if concatenated unique item identifier is used).** (11) Description. ** Once per item. (f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause in accordance with the data submission procedures at http://www.acq.osd.mil/dpap/pdi/uid/data_submission_information.html. (g) Subcontracts. If the Contractor acquires by subcontract, any item(s) for which unique item identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s). (End of clause) 5352.201-9101 OMBUDSMAN (APR 2010) (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, concerned parties may contact the USAF Academy Ombudsmen, Kim Diercks 8110 Industrial Drive, Ste 103 USAFA, CO 80840 Telephone number 719-333-2074 FAX 719-333-9018 email: kim.diercks@usafa.af.mil Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. (End of clause) 5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (AUG 07) (a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation. (b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or security police for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's license, current vehicle registration, valid vehicle insurance certificate, and (refer to USAFA A-01 Contractor Access to USAFA Instruction) to obtain a vehicle pass. (c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site. (d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with [insert any additional requirements to comply with AFI 31-101, Volume 1, The Air Force Installation Security Program, and AFI 31-501, Personnel Security Program Management,] citing the appropriate paragraphs as applicable. (e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office. (f) Failure to comply with these requirements may result in withholding of final payment. (End of clause)
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/USAF/DRU/10ABWLGC/FA7000-11-T-0029/listing.html)
Place of Performance: Address: USAF Academy, Colorado, 80840, United States; Zip Code: 80840
Record: SN02430050-W 20110423/110421234436-eb71f56adc6552ef36751039f802ad93 (fbodaily.com)
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37 -- Manure Spreader - Amendment 1