TB_Vials_addendum_IDIQ_08-08-2018.pdf

12639518Q0103 TUBERCULIN VIALS

NOTES TO QUOTER:

1. This solicitation is for a 5 year fixed price Indefinite Delivery Indefinite Quantity (IDIQ) type contract. Quoted price shall include all costs necessary to produce and deliver the product FOB destination to the address in the SOW.

2. ANY QUESTIONS PERTAINING TO THIS Request for Quotes (RFQ) SHALL BE DIRECTED TO

PATRICIA SIMON, BY EMAIL TO patricia.m.simon@APHIS.USDA.gov.

3. CONTRACTOR MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) PRIOR

TO CONTRACT AWARD. Please make sure that your registration is current.

4. YOU MAY EMAIL YOUR QUOTE DIRECTLY TO PATRICIA SIMON before the time specified on the solicitation. Send quotes to: patricia.m.simon@APHIS.USDA.gov.

5. USDA IS AN AGENCY OF THE FEDERAL GOVERNMENT, TAX‐EXEMPT. FEDERAL TAX. I.D. NO. 41‐

0696271.

6. NOTICE TO LARGE BUSINESS CONCERN: The U.S. Department of Agriculture (USDA), Animal

Plant and Health Inspection Service (APHIS), is committed to the participation of Small Businesses, Small

Disadvantaged Businesses, Women‐Owned Small Businesses, HUBZone Small Businesses, and Service

Disabled Veteran Owned Small Businesses in the performance of work under this solicitation and resulting contract. Your attention is directed to solicitation clauses 52.219‐8 entitled "Utilization of Small

Business Concerns," and 52.219‐9 entitled "Small Business Subcontracting Plan."

If you are a large business with a quote exceeding $700,000.00, submission of a Subcontracting Plan in accordance with the above clauses will be required with your quote. The Contracting Officer will review the plan using the following goals to assure that it represents your best efforts to maximize subcontracting opportunities. Award will not be made until the Contracting Officer approves the

Subcontracting Plan. The quoters’s subcontracting plan shall meet or exceed the goals expressed below, in terms of percentages of total planned subcontracting dollars. The accepted plan shall be included in and made part of the resultant contract. The minimum required goals expressed in percent of total planned subcontracting dollars are:

a. Small Business 22.0%

b. Small Disadvantaged Business 5.0%

c. Women‐Owned Small Business 5.0%

d. HUBZone Small Business 3.0%

e. Service‐Disabled Veteran‐Owned Small Business 3.0%

f. Reporting (ISR/ESR through www.esrs.gov) 100%

It is the contractor’s responsibility to propose goals that are achievable. Adjustments to the above goals may be proposed and may be considered for negotiation by the Contracting Officer. Subcontracting plans will be evaluated in accordance with FAR 19.704 Subcontracting Plan Requirements, which can be accessed at the following website:

http://farsite.hill.af.mil/vfafara.htm. Contractors should be aware that failure to meet subcontracting goals in the performance of the contract may negatively impact performance evaluations, see also

Clause 52.219‐16 LIQUIDATED DAMAGES‐SUBCONTRACTING PLAN (JAN 1999).

1.0 Pricing Schedule

The quantities in the schedule are estimates only and are not guaranteed. The minimum guaranteed amount under this contract will be ordered at time of award. Prices shall include all costs necessary to produce and deliver the product FOB Destination to the delivery address in the SOW.

Item No. Schedule of Supplies Estimated Quantity

Unit Unit Price Total Price

YEAR 1 (Date of award to 09/30/2019)

Tuberculin, PPD Bovis Intradermic

15,000 10 ml vial

10,000 5 ml vial

10,000 1 ml vial

YEAR 2 (10/01/2019 to 09/30/2020)

YEAR 3 (10/01/2020 to 09/30/2021)

YEAR 4 (10/01/2021 to 09/30/2022)

YEAR 5 (10/01/2022 to 09/30/2023)

Total

2.0 STATEMENT OF WORK

2.1 REQUIREMENT

The United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service

(APHIS), Animal and National Veterinary Services Laboratories (NVSL), Ames, Iowa intends to award a 5

Year fixed price, Indefinite Delivery Indefinite Quantity (IDIQ) contract for MYCOBACTERIUM BOVIS

PURIFIED PROTEIN DERIVATIVE TUBERCULIN VIALS in 10 ml, 5 ml, and 1 ml sizes. The quantities in the schedule are estimates only and are not guaranteed. The minimum guarantee under the contract will be satisfied with the initial order. Pricing includes all costs necessary to supply and deliver the product

FOB Destination to the Ames, IA, delivery location.

2.2 BACKGROUND

The PPD Tuberculin specified herein is required by the U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), National Veterinary Services Laboratories (NVSL), Ames, Iowa, for use in determining whether animals are infected with bovine tuberculosis. The

Mycobacterium bovis Purified Protein Derivative Tuberculin (Tuberculin, PPD, BOVIS, hereinafter referred to as PPD Tuberculin), must be of current production. In order to meet program requirements, the delivery requirements specified must be met. It is highly important that the PPD Tuberculin possess the maximum uniformity possible from the standpoint of specificity and potency. Therefore, exacting compliance with uniform methods and materials in preparing, storing, diluting, testing, bottling, and shipping is essential.

The facility must be licensed and/or inspected and approved by the USDA for production of PPD

Tuberculin, and shall be inspected and accepted and have product tested and licensed before any contract can be awarded.

Product must be available for specified multiple fill volumes (10 ml, 5 ml, 1 ml).

2.3 SPECIFICATIONS

1. QUALITY: The product shall be approved by the USDA, APHIS, Veterinary Services (VS), and shall be produced and tested in accordance with appropriate sections of 9 CFR (Code of Federal Regulations) or other approved potency tests available for release of product.

a. EXPIRATION DATE: The final product shall bear an expiration date not to exceed 36 months from the date of satisfactory potency test by the producer. All PPD Tuberculin shall be delivered at least 24 months prior to the expiration date.

2. BOTTLING:

a. BOTTLES: The final product shall be bottled in 10 ml, 5 ml, and 1 ml quantities in sterile amber borosilicate glass serum bottles which meet the requirements of the Pharmacopeia of the United States for Type 1 glass.

2. b. CLOSURES: Each bottle of the final product shall be closed with “B” corkage rubber stopper and sealed with a “B” corkage one piece aluminum seal. The stoppers shall be rinsed with distilled water before sterilization and use.

3. LABELING: Labels placed on final containers of PPD Tuberculin must comply with the applicable provisions of 9 CFR 112, except Parts 112.2 (2) and 112.2 (5) and shall be submitted to USDA, APHIS, Veterinary Services, for review and approval before being placed in use.

Labels shall be produced in a manner to ensure adherence to all vials and prevent printing to become illegible or removed. Labels shall contain no trademark or similar identification. In general, labels of the final product containers shall provide the following:

a. True name of the product: TUBERCULIN, PPD BOVIS, INTRADERMIC

b. U.S. Veterinary License Number :____________________________________.

c. Serial Number :___________________________________________.

d. Expiration date: Use before (month, day, year): ________________________.

e. Contents: Specific fill volume (10 ml, 5 ml, or 1 ml)

f. Dosage: 0.1 ml

g. Storage: Store at 2‐8 degrees C. Do not freeze.

h. Usage Statement: For Veterinary Use Only.

i. Distributor Statement: Produced for U.S. Department of Agriculture, Animal and Plant Health

Inspection Service.

4. PACKAGING AND MARKING: Bottles of the labeled final product shall be packaged in solid bleached sulfate (SBS) paperboard containers or similar containers of suitable stability. Each container shall be partitioned to ensure proper packaging and shipment of product to avoid damage to bottles. When these partitions interlock, bottles should be securely packaged and not allow for excessive movement of bottle and allow for efficient packaging and shipment of final product. Containers should close securely utilizing a tuck top closure lid or similar closure.

Labels on boxes shall be of black printing or similar clearly visible color on solid white paper and shall contain the same information as stated in Item 3 except that 3e shall read as follows: “Contents:

“Number Enclosed” 10 ml bottles”, or “Contents: “Number Enclosed” 5 ml bottles”, or “Contents:

“Number Enclosed” 1 ml bottles”.

5. PACKING AND SHIPPING: Packages of the final product shall be packed in containers for shipping so as to withstand shock, pressure changes, temperature changes and other conditions incident to ordinary handling in transportation.

PPD Tuberculin that is lost because of breakage and/or leakage during shipment and any that has deteriorated due to exposure to heat or cold, shall be replaced by the successful contractor.

6. METHOD FOR PRODUCTION OF M. BOVIS PURIFIED PROTEIN DERIVATIVE TUBERCULIN (TUBERCULIN, PPD BOVIS, INTRADERMIC)

** WARNING **

HEAT RESISTANT, BOROSILICATE GLASS, WHICH MEETS THE REQUIREMENTS OF THE PHARMACOPEIA OF

THE UNITED STATES FOR TYPE I GLASS SHALL BE USED THROUGHOUT FOR THE PRODUCTION OF PPD.

PPD TUBERCULIN MAY ADHERE TO GLASSWARE. ROUTINE WASHING AND STERILIZATION PROCEDURES

MAY NOT BE ADEQUATE FOR PREVENTING ANTIGENIC CONTAMINATION OF SUCCESSIVE LOTS.

THEREFORE, GLASSWARE SHOULD BE PERMANENTLY IDENTIFIED FOR USE WITH ONLY ONE

MYCOBACTERIAL STRAIN. THE GLASSWARE SHOULD BE CLEANED BY ROUTINE METHODS FOLLOWING

HARVEST, THEN CLEANED AGAIN BY ACCEPTABLE METHODS SPECIFIED IN THE APPROVED PRODUCTION

OUTLINE ON FILE WITH APHIS. THE SPECIFIED PROCEDURE SHOULD PROVIDE FOR THE REMOVAL OF

ANTIGENIC CONTAMINATS.

*Anionic detergent is a wetting agent which is completely soluble in hot or cold water and is noncorrosive and biodegradable. Although the USDA mentions examples of product brand in this contract, the USDA does not claim any product superiority or endorsement.

Alconox, Inc. 30 Glenn Street, Suite 309 White Plains, NY 10603 USA

7. PREPARATION OF CULTURE FILTRATE

a. MICROORGANISMS: Only Mycobacterium bovis Strain AN‐5 shall be used. Cultures on this strain may be furnished to the Contractor by the Veterinary Services Laboratories, APHIS, at the beginning of the contract period and at other times upon request given an advance notice of 6 months. The purity and identity of the cultures shall be maintained at all times and these records will be made available to the

Veterinary Services Laboratories, APHIS when requested.

b. SEED CULTURES: Stock cultures, frozen in Dubos Broth or equivalent grown on Middlebrook’s or equivalent.

7H‐10 medium slants or frozen stock cultures shall be provided by the Veterinary Services Laboratories.

Seed cultures shall be prepared by inoculating heat resistant, borosilicate flasks containing 250 ml – 300 ml of Modified Reid’s Synthetic Fluid Medium with a loopful of culture grown on Middlebrook’s 7H‐10 medium slants. The mouth of each seed culture flask shall be closed with a sterile gauze‐covered cotton plug or sterile plastic foam stopper and then covered with aluminum foil, which extends over the neck area of the flask. Seed cultures shall be grown by incubating at 36.5 degrees C to 38.5 degrees C for about 2 to 8 weeks in a constant temperature incubator equipped with a device to increase the relative humidity.

No species or strains of mycobacteria, other than M. bovis Strain AN‐5, shall be permitted in any incubator or room that is used to prepare M. bovis Strain AN‐5 seed cultures.

c. PRODUCTION CULTURES: Production cultures shall be prepared by inoculating heat resistant, borosilicate flasks containing Modified Reid’s Synthetic Fluid Medium with M. bovis mycobacterial pellicle obtained from seed cultures prepared as described above. The mouth of each production flask shall be closed with a sterile gauze‐covered cotton plug or sterile plastic foam stopper and then covered with aluminum foil, which extends over the neck of the flask. Production cultures shall be observed weekly and those that show contamination shall be removed, autoclaved, and discarded. No species or strains of mycobacteria other than M. bovis Strain AN‐5 shall be permitted in any incubator room that is used to prepare M. bovis Strain AN‐5 seed cultures for use in the preparation of production cultures.

d. STERILIZATION OF PRODUCTION CULTURES: After incubating for 8 to 12 weeks, all production culture flasks are inspected before sterilization for contamination, discoloration, insufficient growth, or any other abnormalities. Cultures showing any abnormality must be removed and destroyed separately by autoclaving. The final production cultures shall be sterilized in their original unopened production flasks by autoclaving with steam under pressure at 121 degrees C for 30 minutes. The autoclave shall only contain M. bovis AN‐5 production cultures and be kept clean and free of toxic materials such as disinfectants.

e. SEPARATION OF PELLICLE FROM FLUID MEDIUM: The pellicle material shall be removed from the sterilized production cultures by filtering through sterile gauze or sterile stainless steel wire mesh into a sterile heat resistant, borosilicate glass container. The pellicle material shall be discarded.

f. PRESERVATON OF CULTURE FILTRATE: A five percent phenol stock solution shall be prepared from reagent grade phenol in advance. The volume of culture filtrate combined with the five percent phenol solution must create a final culture filtrate product that contains a final phenol concentration of one‐half percent. This is accomplished by adding the five percent phenol solution to the culture filtrate while gently agitating.

g. STORAGE OF CULTURE FILTRATE: The culture filtrate preserved with one‐half percent phenol shall be placed in sterile heavy walled bottles that are phenol resistant and stored at 4‐8 degrees C. Avoid exposure to freezing and light by using amber bottles, covering the bottles, or storing in the dark.

8. PREPARATION OF A LOT OF PPD TUBERCULIN CONCENTRATE

A lot of PPD Tuberculin Concentrate shall be prepared by taking a quantity of culture filtrate and processing according to a protocol that has been approved by the contractor and the USDA, NVSL.

There are several methods of tuberculin PPD precipitation, and the following section outlines the general process

a. CLARIFICATION: The culture filtrate shall be clarified by microporous filtration using sterile membrane filters with a 0.6 micron pore size or smaller. The culture filtrate shall be retained in a sterile container for further processing.

If the culture filtrate runs through the microporous filtration system too slowly, it may be necessary to pre‐filter the culture filtrate through sterile filter pads with a pore size larger than 0.6 micron or precede filtration by high speed centrifugation.

b. CONCENTRATION: The culture filtrate shall be concentrated to approximately two percent of the original volume by ultra filtration (using a molecular filtration membrane with a nominal molecular weight retention value of 10,000).

c. PRECIPITATION: Protein shall be precipitated from the concentrated culture filtrate by slowly adding a precipitating agent, while constantly stirring. The supernatant fluid is discarded and the precipitate is retained for further processing.

d. PURIFICATION: The precipitate shall be washed and dissolved in a minimum amount of solvent buffer according to the appropriate protocol. While washing, the product volume should remain constant.

e. CENTRIFUGATION: The concentrate may be clarified by centrifugation as described in the specific processing protocol.

f. STERILIZATION: Each lot of PPD Tuberculin Concentrate shall be sterilized by filtration using a 0.2 micron filter and filtering into a sterile container.

g. PROTEIN DETERMINATION: The micro kjeldahl method shall be used to determine the protein concentration of each lot.

h. BOTTLING: Each lot of PPD Tuberculin Concentrate shall be placed in one or more heavy walled bottles that are phenol resistant and light resistant.

i. LABELING: Each lot of PPD Tuberculin Concentrate shall be identified with a label that contains the product name, lot number, and production date (day when concentration step 2 was started).

j. STORAGE: PPD Tuberculin Concentrate shall be stored at 2‐8°C in phenol resistant and light resistant bottles. Avoidance of light may be maintained by using amber bottles, covering the bottles, or storing in the dark.

9. PREPARATION OF A SERIAL OF PPD TUBERCULIN

A serial of the final product (Tuberculin, PPD bovis, Intradermic) shall be prepared from one or more lots of PPD Tuberculin Concentrates. It is essential that sterile equipment and aseptic procedures are used in every step.

a. DILUTION: Each serial shall be prepared by diluting the blended PPD Tuberculin Concentrate with an appropriate diluent to create a protein concentration of 1.0 ± 0.1 mg/ml. A 50 ml sample of the diluted product shall be placed into a sterile container and centrifuged at an appropriate time and speed to separate the sediment from the supernatant. The sediment shall be examined microscopically for the presence of acid‐fast bacteria or other microorganisms before bottling.

b. BOTTLING AND LABELING: Each serial shall be bottled and labeled as required in Items 4 and 5 of the

Specifications.

c. STORAGE: Bottles of the final product shall be stored at 4‐8˚C.

d. PACKAGING AND MARKING: Bottles of the labeled final product shall be packaged and marked as required in Item 6 of the Specifications.

10. TESTING EACH SERIAL OF PPD TUBERCULIN

Each serial shall be tested and pass testing for purity, safety, potency and special chemical characteristics in accordance with the conditions prescribed in 9 CFR, Parts 113.409, Section V of the approved outline of production and any parts that are applicable, which are on file with the

USDA,APHIS, Veterinary Services. As an option, other guinea pig potency testing procedures may be acceptable by review with the Center for Veterinary Biologics and the National Veterinary Services

Laboratories.

Testing results for each lot will be emailed to Teresa M. Sigafoose‐Grimm prior to shipment. Email address: Teresa.m.sigafoos@aphis.usda.gov

2.4 SPECIAL CONTRACT REQUIREMENTS

PACKAGING AND MARKING

1. PACKING FOR DOMESTIC SHIPMENT

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

2. PACKING SLIP

Each shipment shall include a packing slip enclosed in a protective pouch and attached to the outside of one box and a packing slip placed inside one of the shipment boxes.

The packing slip shall identify the following:

Contract Number Required Delivery Date:

Quantity Shipped Invoice Number

2.5 ORDERING:

Delivery orders will be issued against this contract on a firm fixed price basis. Pricing for each year is effective at the time of order, regardless of when delivery is made. Orders will be issued by email. Any warranted APHIS, USDA, contracting officer may issue orders.

2.6 DELIVERY LOCATION/INFORMATION

Product shall be delivered FOB Destination to the address below. Shipment of deliverable items, other than reports, shall be to:

USDA

National Veterinary Services Laboratories Brucella and Mycobacterium Reagents Team c/o Teresa M. Sigafoose‐Grimm 1920 Dayton Road Ames, Iowa 50010

Prior to shipment, a 24‐hour notice must be given in advance to Teresa M. Sigafoose‐Grimm at

Teresa.m.sigafoose@aphis.usda.gov

The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY

QUANTITY (LOT SAMPLES) DELIVER BY

20 – 10, 5, and/or 1 ml vials 12 weeks

QUANTITY (CONTRACT QUANTITY) DELIVER BY

2 to 4 production lots totaling 45 days after approval of the total vials relating to each lot sample contract quantity of product

The Contractor shall provide twenty (20) 10 ml, 5 ml, or 1 ml lot samples for testing in accordance with the delivery requirements indicated. Lot samples may be shipped up to 30 days earlier than the due date if the testing lab is notified 30 days in advance.

Lot samples shall be delivered 12 weeks after the order is issued. The full order must be delivered within 45 days after the contractor receives notice that the samples have been approved.

2.7 USDA TECHNICAL POINT OF CONTACT

USDA National Veterinary Services Laboratories Brucella and Mycobacterium Reagents Team Teresa M. Sigafoose‐Grimm 1920 Dayton Road Ames, Iowa 50010 Telephone: 515‐337‐7317

2.8 INVOICING INFORMATION

The contractor shall submit invoices and supporting documentation via www.ipp.gov.

A proper invoice must include:

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

(vi) Name, title, and phone number of person to notify in event of defective invoice; and

(vii) Taxpayer Identification Number (TIN).

The Government reserves the right to reject an invoice that does not include the information above.

3.0 CONTRACT CLAUSES:

BY REFERENCE

52.204‐18 Commercial and Government Entity Code Maintenance (Jul 2015)

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

52.232‐40 – Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.247‐34 ‐‐ F.o.b. – Destination. (Nov 1991)

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/ https://www.acquisition.gov/

(End of Clause)

FULL TEXT

52.212‐5 ‐‐ Contract Terms and Conditions Required to Implement Statutes or Executive Orders ‐‐ Commercial Items. (July 2018)

(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) 52.204‐23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115‐91).

(3) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233‐3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 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.] _X__ (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).

__X_ (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] ___ (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)).

_X__ (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.

_X__ (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)).

_X__ (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 (Jan 2018) (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).

__X_ (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) 52.204‐23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115‐91).

(iv) 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.

(v) 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.

(vi) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222‐26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

(ix) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

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

(xi) 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.

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

(xiii) (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).

(xiv) 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.)

(xv) 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)

(xvi) 52.222‐54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222‐55, Minimum Wages Under Executive Order 13658 (Dec 2015).

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

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

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

(xx) 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).

(xxi) 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.

(xxii) 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)

52.216‐18 – Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through date of expiration.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

52.216‐19 ‐‐Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $50,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor ‐‐

(1) Any order for a single delivery in excess of $800,000.;

(2) Any order for a combination of items in excess of $1.5M.; or

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

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216‐21 of the Federal Acquisition Regulation (FAR)), 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 3 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.

(End of Clause)

52.216‐22 ‐‐ Indefinite Quantity. (Oct 1995)

(a) This is an indefinite‐quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 days after contract expiration.

(End of Clause)

452.216‐73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

During the period specified in FAR clause 52.216‐18, ORDERING, the Government shall place orders totaling a minimum of $50,000. , but not in excess of $7 Million.

(End of Clause)

4.0 CONTRACT PROVISIONS

BY REFERENCE

52.212‐1 ‐‐ Instructions to Offerors ‐‐ Commercial Items. (Jan 2017)

52.204‐16 ‐‐Commercial and Government Entity Code Reporting. (Jul 2016)

52.209‐7 – Information Regarding Responsibility Matters. (Jul 2013)

FULL TEXT

52.212‐2 ‐‐ Evaluation ‐‐ Commercial Items. (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers under FAR Part 13 procedures:

Price

(End of Provision)

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.

“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)…