SF1449_12639518Q0098.pdf

INSTRUCTIONS CONDITIONS AND NOTICES TO INTERESTED PARTIES OR RESPONDENTS

This solicitation for a new five year Blanket Purchase Agreement to supply Brown Tree Bands – ( pre-coated sticky bands) 164'ft x 8.5" wide was written in accordance with Federal Acquisition Regulations (FAR) Part 12 Commercial Acquisitions, FAR Part 13 Simplified Acquisition Procedures (SAP), under the format in Subpart 12.3 as supplemented with additional information included in this notice. The solicitation number is 12639518Q0098 and is issued as a request for quote (RFQ), In order to have a complete package, as a minimum, the return package must contain the following items. Offers submitted without completion of items listed here shall be considered nonresponsive and ineligible for award.

• Completed form 1449 Schedule of items (See Attachment 1 pg 1 boxes 17a & 30a,b & c, )

• Completed Price Schedule of Items 001 –005 (page 2 ) and questions on pages 2- 3)

• DUNS NUMBER - Anyone interested in doing business with the USDA must first obtain a Dunn and Bradstreet number. If your company does not have a DUNS number, you may contact Dun and Bradstreet directly to obtain one by calling 1- 866-705- 5711or via the following website:

http://fedgov.dnb.com/webform

• Online Registration of Government System for Award Management (SAM) at http://sam.gov Anyone interested in doing business with the USDA must also be listed in the government’s System for Award Management known as SAM. You may register on line with http://sam.gov A prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. The Contracting Officer intends to make an award within 7 days of the solicitation closing date. If the Quoter does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Quoter.

Interested Parties may obtain information on registration and annual confirmation requirements via the SAM database accessed through http://sam.gov or by calling 1-866-606-8220

***REGISTRATION IS FREE***

• Completion of 52.212-3 - Offeror Representations and Certifications - Commercial Items. The Quoter shall complete only paragraphs (b) of this provision if the Quoter has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision (See pages 20-38)

• Completion of Item (b) of FAR 52.209-7 Information Regarding Responsibility Matters. (JUL 2013) (See Pages 38-39)

• Interested vendors please submit quotes to the Contracting Officer’s Email, Fax or Address below by notice due date by 4:00pm Mountain Time.

Carol Dingess Contracting Officer

USDA/ APHIS/MRPBS/AAMD

2150 Centre Avenue Building - B ( MS - 2E6) Fort Collins, CO 80526 ph:970-494-7360 Fax: 970-472-1897 (Attn: Carol Dingess - 2E20) Carol.Dingess@aphis.usda.gov http://fedgov.dnb.com/webform http://sam.gov/ http://www.sam.gov/portal mailto:Carol.Dingess@aphis.usda.gov

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

APHIS-MRPBS-ASD-6395

Carol.Dingess@aphis.usda.gov Fax 970-472-1897 Carol Dingess 970-494-7360

USDA APHIS MRPBS AAMD

CODE 16. ADMINISTERED BYCODE

X

X

325320

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORAPHIS-MN-126395

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

1600 ET970-494-7360CAROL DINGESS

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12639518Q0098

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Ft. Collins CO 80526

17a. CONTRACTOR/

15. DELIVER TO

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA APHIS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Firm Fixed Priced Blanket Purchase Agreement for Brown Tree Bands - ( pre-coated sticky bands) 164'ft x 8.5" wide. All cost to include but not limit to: overhead, general and administrative, profit, insurance, and transportation. The Period of Performance is from date of award and not to exceed five years.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

CAROL R. DINGESS

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

USDA APHIS PPQ

Bldg 6407, Moore Air Base 22675 N Moorefield Road Edinburg TX 78541 Attn: Gabriel Lopez 956-205-7600 Gabriel.Lopez@aphis.usda.gov x

For Invoice Processing and Payment.

Please see https://www.ipp.gov/vendors/enrollment-vendors.htm and submit invoices through the Invoice Processing Platform (IPP) Enroll at https://www.ipp.gov/ For customer Service Info regarding enrollment Please see https://www.ipp.gov/vendors/enrollment-vendors.htm

Company Name

Address:

DUNS#

POC Name ph# Fax# Email:

04/11/2018

04/25/2018

SCHEDULE B: PRICING

CLINS Base Period 1 of 5 Minimum Quantity

Maximum Quantity UI

UNIT

PRICE/LB

Total

MAXIMUM

QTY PRICE

Firm Fixed Priced Blanket Purchase Agreement for Brown Tree Bands – ( pre-coated sticky bands) 164'ft x 8.5" wide. 100 5,000 Rls

Period 2 of 5

Firm Fixed Priced Blanket Purchase Agreement for Brown Tree Bands – ( pre-coated sticky bands) 164'ft x 8.5" wide. 100 7,000 Rls

Period 3 of 5

Firm Fixed Priced Blanket Purchase Agreement for Brown Tree Bands – ( pre-coated sticky bands) 164'ft x 8.5" wide. 100 10,000 Rls

Period 4 of 5

Firm Fixed Priced Blanket Purchase Agreement for Brown Tree Bands – ( pre-coated sticky bands) 164'ft x 8.5" wide. 100 15,000 Rls

Period 5 of 5

Firm Fixed Priced Blanket Purchase Agreement for Brown Tree Bands – ( pre-coated sticky bands) 164'ft x 8.5" wide. 100 25,000 Rls

All cost to include but not limit to: overhead, general and administrative, profit, insurance, and transportation

***Please include product literature sufficient enough for USDA Program to make a determination of suitability of product in accordance with specifications.

How soon could you deliver after receipt of order ?

100 – 500 (Rls)

501 – 1,000 (Rls)

1,001 – 2,000 (Rls)

2,001 – more (Rls)

Product Name ____________________________

Manufacturer/pn___________________________

Product Manufactured in the USA [ ] Yes [ ]No

If no, what country?________________________

Will you accept a government Purchase order ?

If not, what is your preferred method of payment ?

Is this available on the GSA Schedule? If so, what is the GSA #:

A. DESCRIPTION OF AGREEMENT

Firm Fixed Priced Blanket Purchase Agreement with the USDA/APHIS/PPQ Facility in Edinburg, TX to supply - for Brown Tree Bands – ( pre-coated sticky bands) 164'ft x 8.5" wide. (in accordance with specifications), to be purchased on an as needed basis for a period not to exceed 5 years. All cost to include but not limit to: overhead, general and administrative, profit, and insurance and transportation.

Background:

Certain insect traps have been shown to be an effective monitoring tool for non-indigenous insects.

Various trap combinations have enabled the USDA to better contain and monitor potential infestations of these insects. Spotted Lanternfly and other flying insects are some of the most serious exotic plant pests threatening forest and environmental resources. The USDA APHIS PPQ has been tasked by congress with detecting, monitoring and managing these insects. The impact of these insects, should they become established, would have irreversible impacts on natural resources, hinder trade and increase costs of productions. Ultimately, an eradication and/or control would likely be in the millions of dollars if these insects were to go undetected in our environment.

Objective

The requested traps are needed to equip program personnel to detect and monitor many existing and potential exotic pest infestations. Without these traps, defining infestations might not be possible and the ultimate cost to the USDA and cooperators of an eradication program could exceed millions of dollars should these lures not be available.

Package Marking/Labeling:

The following conditions must be met for the requested products:

The over pack packaging must be labeled with the following on at least one side:

1) Total length of band in roll

2) Lot and batch number of the products or date of manufacturing (as appropriate)

3) Storage conditions required

Packaging:

Packaging is an important part of the delivery of these fragile products. The following must be adhered to:

1) The rolls must be protected from damage during shipping..

2) The shipping containers must be sturdy enough to ensure safe delivery.

3) Each shipment will contain a valid Material Safety Data Sheet (MSDS).

4) Each shipment will include a packing slip identifying the following:

1. Manufacturer

2. Batch/Lot Number

3. Date of Manufacture

4. Government Procurement Number

5. Quantity Shipped

Shipping

Material shall be packed for shipment in such a manner that shall insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission regulations, Uniform Freight Classification rules, or regulations of other carriers as applicable to the mode of transportation.

Specifications

APHIS, requires the following specification for tree bands:

• The trap will be made from appropriate paper stock with polyethylene coating on both sides to afford water-resistance.

• The traps will have a with of at least 8” and the sticky area must extend to within ½ inch to the edge of the band.

• The sticky bands will have a length of at least 100 feet long not to exceed a length of 400 feet.

• The bands will be rolled in such a way that allows for the easy application to the tree. The sticky side (Side B) should be face out from the tree when applied. The roll should

Side A

• The color of this side should be brown however, the color may be requested to be changed as new information is understood about SLF.

Side B

An adhesive shall be pre-applied to this side the hot melt glue shall be applied so the initial stickiness test meets:

180⁰ Peel Maximum Load: 3.20 +/- .25 lbs/inch 180⁰ Peel Average Load: 2.61 +/- .25 lbs/inch Loop Tack: 5.17 +/- .35 lbs/in2

Contract End Items

APHIS will receive a functional roll of tree band that can be cut to an appropriate length.

Sampling Testing of Traps

Effectiveness It is important that USDA APHIS maintain a quality assurance (QA) program. To that end, USDA APHIS reserves the right to conduct QA testing. The USDA APHIS may perform QA testing addressing the following areas:

• The paper shall be resistant to damage and moisture when handled during normal field trapping operations.

• The glue is resistant to melting off the card.

• The traps are designed to be utilized with a variety of lures; the traps should be designed in such a way that does not impede the installation or replacement of a new dispenser.

• Meets the needs of programs

In order to assure the most effective use of tax payer dollars APHIS may also be instituting a Quality Control (QC) program in an attempt to address sticky card quality and product reliability.

APHIS may monitor the following areas of trap quality:

Trap quality upon arrival at end user locations: a representative sample may be examined to have clear printing, proper amount of glue and correct color of side be is obtained.

If a company is found to have provided products that fall outside the prescribed specifications, the company will provide working replacements for these products at no cost to the government.

At the request of the company APHIS may provide representative samples of the failed products. The company will be required to arrange for shipping costs and logistics for the transportation of any hazardous material. Understanding, the USDA field personal doesn’t have the required training to ship this material.

Acceptance Criteria

The order will be conditionally accepted at:

USDA APHIS PPQ

22675 N. Moorefield Rd Bldg 6420 Edinburg, TX 78541

The conditional acceptance will focus on the following factor:

• Condition of shipping containers upon arrival – those with obvious defects from the shipping process will be rejected. Additional, products must be sent to offset this loss at no expense to the government.

• Sample testing will occur at various field locations.

B. PERIOD OF PERFORMANCE

This BPA is effective from date of award and not to exceed five (5) years. Per FAR 13-303-6. The Contracting Officer and individuals and/or organization component authorized to place BPA calls will ensure the BPA is reviewed at least annually and updated at that time to make new arrangements or modify existing arrangements, and to validate the need for this BPA. Unilateral termination of this BPA may occur at any time by either party by submitting a notice in writing within 30 days of termination.

C. EXTENT OF OBLIGATION

The Government is obligated only to the extent of authorized calls actually placed against this BPA.

The aggregate dollar limitation is 150,000.00.

D. PRICING

Calls shall only use pricing on the BPA schedule.

All cost to include but not limit to: overhead, general and administrative, profit, and insurance and transportation.

E. CALL LIMITATION

Calls placed by individuals authorized under this BPA shall not exceed the dollar limitation listed on the Individuals Authorized to Place Call Orders:

BPA Maximum Aggregate Dollar Limit: $ 2 Mil BPA Call Limit: $300,000

F. SPECIAL REQUIREMENTS

The vendor hereafter referred to as "the contractor". The contractor shall fully comply with all specifications, clauses and terms and conditions in BPA.

G. INDIVIDUALS AUTHORIZED TO PLACE BPA CALLS

Procedure for issuing BPA Calls is included in this agreement. The following individuals and/or organizational component are authorized to place BPA calls:

Contract Specialists and Purchasing Agents, APHIS, MRPBS, AAMD, Minneapolis, MN with appropriate warrant authority.

BPA calls/orders will be placed against this BPA via Email, FAX, paper, or oral communications.

H. INVOICES

USDA-APHIS/MRPBS/AAMD will begin issuing BPA Calls (delivery orders) shortly after award of the basic BPA contract. They will be numbered with an 126395YYFNNNN . Upon delivery and acceptance of the products for any BPA Call (orders), the Vendor will submit the invoice for payment against the BPA Contract number, referencing the individual call number.

**BILLING INSTRUCTIONS**

**PLEASE SHOW DELIVERY ORDER NUMBER ON ALL INVOICES **

Payment is 30days After Receipt of Supplies or Services and upon acceptance of proper invoicing in accordance with Prompt Payment Act (31 U.S.C. 3903)

1. Unless otherwise agreed to, all deliveries under this BPA must be accompanied by delivery tickets or sales slips that must contain the following information as a minimum:

(a) Name of Contractor;

(b) BPA Number;

(c) Model Number or National Stock Number (NSN);

(d) BPA Call Order Number;

(e) Date of Purchase;

(f) Quantity, Unit Price, and Extension of Each Item (unit prices and extensions need not be shown when incompatible with the use of automated systems; provided, that the invoice is itemized to show the information); and

(g) Date of Shipment.

2. The requirements of a proper invoice are as specified in the BPA. Invoices will be submitted to the address specified within the BPA call/delivery order transmission issued against this BPA/Contract.

3. The terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor's invoice, the provisions of this BPA will take precedence.

For BPA CALL Invoice Processing and Payment.

Please see https://www.ipp.gov/vendors/enrollment-vendors.htm and submit invoices through the Invoice Processing Platform (IPP)

Enroll at https://www.ipp.gov/ https://www.ipp.gov/

For customer Service Info regarding enrollment Please see https://www.ipp.gov/vendors/enrollment-vendors.htm

IPP is a secure, web-based system that manages government invoicing.

The contractor must follow the instruction on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury

The U.S. Department of Agriculture is a tax exempt agency. (Exempt from state and Federal tax) Tax ID Number : 41-0696271. Tax Exempt # 4700

I. RECEIPT AND ACCEPTANCE OF SERVICES

Receipt of services shall be indicated by signature and date on the appropriate form by the authorized Government representative.

J. FOB POINT: DESTINATION

Inspection and acceptance is in accordance with FAR Clause 52.212-4(a)

K. DELIVERY

USDA APHIS PPQ

Bldg 6407, Moore Air Base 22675 N Moorefield Road Edinburg TX 78541 Attn: Gabriel Lopez 956-205-7600 Gabriel.Lopez@aphis.usda.gov

L. LOCAL POINT OF CONTACT

John Crowe National Survey Supply Coordinator National Policy Manager – Spotted Lanternfly

USDA APHIS PPQ

4700 River Road 4A 03.14 Riverdale, MD 20737 Phone – 301 851 2108 Cell – 301 461 6869 Email: John.F.Crowe@aphis.usda.gov Martha E. Garza Program Specialist

USDA/ APHIS PPQ

https://www.ipp.gov/vendors/enrollment-vendors.htm https://www.ipp.gov/vendors/enrollment-vendors.htm mailto:Gabriel.Lopez@aphis.usda.gov mailto:John.F.Crowe@aphis.usda.gov

22675 N. Moorefield Rd Bldg 6407 Edinburg, TX 78541 Phone: 956.205.7604 martha.garza@aphis.usda.gov

CONTRACT ADMINISTRATION:

All correspondence and or questions pertaining to this BPA should be directed to:

Carol Dingess Contract Specialist

USDA/ APHIS/MRPBS/AAMD

2150 Centre Avenue Building - B ( MS - 2E6) Fort Collins, CO 80526 ph:970-494-7360 Cell:612-224-0970

Fax: 970-472-1897 (Attn: Carol Dingess - 2E20) Carol.Dingess@aphis.usda.gov

M. MODIFICATION OF THIS BPA

At any time the Contracting Officer may modify this BPA to change, add, or delete some of the terms or conditions. Whenever you receive a modification, always read it in its entirety and comply with it.

Ensure the modification is placed in the BPA file.

N. BPA CLOSE-OUT

The Program Contract Administrator should coordinate with the Contractor and Financial Management to make sure all payments are made before the close-out.

mailto:martha.garza@aphis.usda.gov mailto:Carol.Dingess@aphis.usda.gov

CLAUSE ADDENDUM

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vmfara.htm https://www.dm.usda.gov/procurement/policy/agar_x/agar02/subchaph.html

52.212-4 Contract Terms and Conditions—Commercial Items. (Jan 2017)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

52.204-18 Commercial and Government Entity Code Maintenance. (Jul 2016)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (Nov 2017)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(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 check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

https://www.dm.usda.gov/procurement/policy/agar_x/agar02/subchaph.html

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 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 (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

_X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

X (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O.

13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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 Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

X (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(12)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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 check as appropriate.]

(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 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.

(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) and (d) of this clause, the Contractor is not required to flow down 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 (Oct 2015) (41 U.S.C.

3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(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.

(End of Clause)

Clauses In Full Text:

52.204-21 – Basic Safeguarding of Covered Contractor Information Systems. (Jun 2016)

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

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access;

and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

452.211-5 Period of Performance(FEB 1988).

The period of performance of this contract is from date of award and not to exceed five years.

(End of Clause)

452.216-74 Ceiling Price. (FEB 1988)

The ceiling price of this contract is $2Mil . The Contractor shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor's own risk.

Solicitation Provisions

52.252-1 - Solicitation Provisions Incorporated by Reference. (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

(End of Provision)

FAR Provision 52.204-16 Commercial and Government Entity Code Reporting. (Jul 2016)

FAR Provision 52.204-7 System for Award Management (Oct 2016)

52.216-27 -- Single or Multiple Awards. (Oct 1995)

52.212-3 - Offeror Representations and Certifications -- Commercial Items. (Nov2017)

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

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

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

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

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

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

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

http://www.sam.gov/portal

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific…