12639519Q0117_updated.pdf

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

USDA-AMS-33SM

FREDERICKSBURG VA 22406

SUITE 101

100 RIVERSIDE PARKWAY

USDA AMS C&T

CODE 16. ADMINISTERED BYCODE

X

X

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORUSDA-AMS-33SM

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/21/2019 1100 ET

05/08/2019

540-361-1126BEVERLY BROWN

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12639519Q0117

5. SOLICITATION NUMBER

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

1 63OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

FREDERICKSBURG VA 22406

SUITE 101

100 RIVERSIDE PARKWAY

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 AMS C&T

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.

Tax ID Number: Not Available DUNS Number: Not Available Inspection Services per the attached Statement of Work.

Period of Performance: 06/01/2019 to 05/31/2021

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED . 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.

541990

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

Notes to Offerors:

1. This solicitation is for one or more Blanket Purchase Agreements (BPA’S). If more than one agreement is awarded, the decision to use a particular BPA will be made based on location, price, and service need.

2. ANY QUESTIONS PERTAINING TO THIS Request for Agreements (RFA) SHALL BE DIRECTED TO Beverly Brown, by email to 34TUbeverlys.brown@usda.govU34T no later than 4 days before quotes are due.

3. ALL CONTRACTORS MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM)

PRIOR TO CONTRACT AWARD. Go to www.sam.gov to register. If already registered, please 34T 34T make sure that your registration is up to date and that you have completed all FAR representations and certifications.

4. ALL WORK PERTAINING TO THIS REQUEST SHALL BE DONE IN ACCORDANCE WITH THE

ATTACHED BPA AND THE DEPT OF LABOR WAGE DETERMINATIONS APPLICABLE TO EACH WORK

SITE. Wage rates for each site can be found at http://www.wdol.gov/sca.aspx , and will be 34T 34T included in the contract.

5. YOU MAY EMAIL YOUR QUOTE DIRECTLY TO PATRICIA SIMON before the time specified on the solicitation. Send quotes to: beverlys.brown@usda.gov .

34T 34T

6. USDA IS AN AGENCY OF THE FEDERAL GOVERNMENT, TAX-EXEMPT. FEDERAL TAX. I.D. NO.

41-0696271.

7. Interested vendors shall submit the completed pricing schedule, statement of capability (including key personnel- see clause 452.237-74 KEY PERSONNEL), three references, and location (See Provision 52.212-2 at the end of this document for complete information). Price for hourly rates shall include all costs necessary to perform the specified work at the chosen facility location. Contractors must indicate the facility or facilities they wish to have included in the BPA, only the location(s) listed on the pricing schedule will be considered for inclusion in the BPA if awarded. Choice of locations include:

8. This solicitation is 100% small business set-aside.

Markesan, Wisconsin WD Cambria, Wisconsin WD mailto:beverlys.brown@usda.gov http://www.sam.gov/ http://www.wdol.gov/sca.aspx mailto:beverlys.brown@usda.gov BSBrown Highlight

BSBrown Highlight

BSBrown Highlight

BSBrown Highlight

PRICING SCHEDULE:

Rate shall be a firm fixed hourly rate for inspection services at the location(s) quoted. Pricing shall include all costs associated with providing the service at the location(s) indicated.

SERVICE LOCATION(S)

PRICE SCHEDULE

Item No Description Unit Price

001 Base Year: Commodity Inspection $______ PER HR Services –06/01/2019 - 05/31/2020

002 Option Year: Commodity Inspection $______ PER HR Services –06/01/2020 - 05/31/2021

NOTE: Period of performance dates may change at contract award

Statement of Work

To Assist the U.S. Department of Agriculture, Agricultural Marketing Service, Federal Grain Inspection Service In Providing Commodity Inspection and Weighing Services

2.1 INTRODUCTION

The U.S. Department of Agriculture (USDA), Agricultural Marketing Service (AMS), facilitates the marketing of U.S. grain and related agricultural products through the establishment of standards for quality assessments, and regulation of handling practices. AMS’s Federal Grain Inspection Service (FGIS) administers the official commodity inspection and weighing program under the authority of the Agricultural Marketing Act of 1946 (AMA), as amended. The AMA authorizes the Secretary of Agriculture to contract with private firms, institutions, and individuals for the purpose of performing specified inspection services. FGIS will use this contracting authority to supplement its workforce by contracting with private companies and individuals to sample, inspect, and weigh commodities when requested by FGIS-Field Management Division.

2.2 SCOPE OF WORK

Contractor must provide processed commodity inspection and weighing services under the authority of the AMA in the geographical area serviced by the FGIS Domestic Inspection Operations Office (DIOO). The commodity plants are located at the following locations: Didion Milling, N1881 County Road A, Markesan, Wisconsin & Didion Milling, 501 S Williams St, Cambria, Wisconsin.

Work at the plant may include any or all activities in the Processed Commodities Handbook, Weighing Handbook, Condition of Food Container Handbooks, Sanitation Handbook, and applicable Directives. The commodity inspection services that FGIS may assign to the contractor may include any of the following services:

a. Sampling Service. Drawing a sample from a processed commodity lot using FGIS-approved methods to obtain representative samples for laboratory analysis to determine quality based upon contract requirements and instructions.

b. Condition of Food Container Inspection. Examining the containers for condition, construction, sealing, and markings using U.S. Standards for Condition of Food Containers. (Reference: Agricultural Marketing Service, Part 42--Standards for Condition of Food Containers)

c. Checkweighing. Weighing a selected number of containers from a processed commodity lot, determining the estimated total gross, tare, and net weight, or the estimated average gross or net weight per filled container. (Reference: Weighing Handbook, Chapter 4)

d. Carrier Stowage Examination. Visually determine if a carrier or container is clean; dry;

free of infestation, rodents, toxic substances, and foreign odor; and suitable to store or carry a commodity. (Reference: Directive FGIS 9180.48)

e. Checkloading. Performing a stowage examination on a carrier, computing the number of filled containers loaded aboard the carrier, observing the condition of containers loaded aboard the carrier, and sealing the loaded carrier, if practicable. (Reference:

Directive FGIS 9180.50)

The number and kind of work activities at each plant may expand or be reduced during the contract period based on requests FGIS-Field Management Division (FMD) receives from interested parties involved in purchasing and producing product and FGIS-FMD’s performance assessment of the contractor.

2.3 APPLICABLE DOCUMENTS

Contractor must perform all commodity inspection and weighing related services in accordance with the AMA (7 U.S.C. 71 et seq.), regulations (7 CFR Part 868 subpart A), Handbooks, instructions, methods, policies, and procedures.

Links to applicable material for this work are in parts of the following:

Sanitation Inspection Handbook:

34Thttps://www.ams.usda.gov/sites/default/files/media/SanitationHB.pdf34T Weighing Handbook, Chapter 4, Checkweighing:

34Thttps://www.ams.usda.gov/sites/default/files/media/WeighingHB.pdf34T Processed Commodities Handbook, Chapters 1, 2, and 3:

34Thttps://www.ams.usda.gov/sites/default/files/media/ProcessedCommoditiesHB.pdf34T United States Standards for Condition of Food Containers:

34Thttps://www.ams.usda.gov/sites/default/files/media/FV-Manual-ConditionofContainer.pdf34T Stowage Examination Services, FGIS Directive 9180.48:

34Thttps://www.ams.usda.gov/sites/default/files/media/FGIS9180_48.pdf34T Checkcounting, Observation of Loading, and Checkloading Services, FGIS Directive 9180.50:

34Thttps://www.ams.usda.gov/sites/default/files/media/FGIS9180_50.pdf34T

2.4 RESPONSIBILITIES

a. Contractor must perform all commodity inspection and weighing related services using licensed personnel. Personnel must demonstrate written and practical knowledge and hold active licenses as defined by FGIS-FMD before they can perform work independently. Licenses may be issued by FGIS-FMD on or before the first day of work after contractor demonstrates knowledge of the written material and can show they can do the work. FGIS-FMD is available to offer clarity on written material and work procedure before licensing. Written material is identified in Applicable Documents, see paragraph 2.3.

https://www.ams.usda.gov/sites/default/files/media/SanitationHB.pdf https://www.ams.usda.gov/sites/default/files/media/WeighingHB.pdf https://www.ams.usda.gov/sites/default/files/media/ProcessedCommoditiesHB.pdf https://www.ams.usda.gov/sites/default/files/media/FV-Manual-ConditionofContainer.pdf https://www.ams.usda.gov/sites/default/files/media/FGIS9180_48.pdf https://www.ams.usda.gov/sites/default/files/media/FGIS9180_50.pdf

b. Contractor must also be able to (i) read, write, and understand English (ii) perform basic mathematical computations (i.e. addition, subtraction, multiplication, and division) and

(iii) be able to lift at least 50 pounds.

Contractor must:

1. Not have a conflict of interest (as specified in 7 CFR §868.80). This includes the contractor and any officer, director, stockholder, employee, or other related entity.

(a) Advise FGIS immediately of any proposed change in name, ownership, officers or directors, or control of the contractor and, if a trust, any change affecting the trust agreement.

(b) Not enter into any local work agreements with plants, without FGIS approval that no conflict exists.

(c) Not accept personal compensation (this includes Contractor employees) of any kind from plants or plant personnel.

(d) Contractor personnel working in situations where their contractor status is not obvious to third parties are required to identify themselves as such.

2. Have qualified personnel available that meet the physical condition requirements in the Sanitation Inspection Handbook.

(a) Provide transportation for personnel to and from point(s) of service, and compensate personnel assigned to perform services under this Statement of Work.

(b) Use only personnel licensed by FGIS-FMD to perform services.

(c) Train and assist personnel in acquiring and maintaining the necessary skills to perform official service and maintain records of training.

(d) Keep FGIS informed of the personnel status changes and report any requests for work falling outside this SOW to FGIS.

(e) Ensure personnel have readily available, during working hours, a valid FGIS issued license to perform assigned services and that they abide by the plant’s or mill’s safety and sanitation regulations.

3. Provide official services at the time scheduled by FGIS-FMD or within two hours after receiving non-scheduled request for personnel from FGIS-FMD.

4. Follow approved official procedures and use only approved equipment for performing official sampling.

5. Report immediately any apparent violation of the AMA, Part 868 regulations, and instruction to the field office according to FGIS Directive 9070.6, Reporting Violation of the U.S. Grain Standards Act and the Agricultural Marketing Act of 1946, as amended.

6. Submit legible reports and documents to locations along with samples within the time frame, and in the manner specified by FGIS-FMD. Notices of irregularities will be documented and presented to contractors for correction whenever program inaccuracies are identified.

(a) Use forms provided by FGIS-FMD to document work.

(b) Complete and sign required reports and inspection forms.

(c) Keep an accurate record of the time inspections begin and finish.

7. Invoice FGIS-FMD for services rendered in response to BPA Call orders.

(a) Submit invoices to FGIS-FMD assigned personnel via email and IPP.GOV.

Billing invoices must contain sufficient documentation as determined by FGIS-FMD to support payment. At a minimum, invoices must include information in Paragraph 1.6.2 above.

c. AMS’s, FGIS, Field Management Division personnel are responsible for interpreting specifications; determining appropriate inspection methods and techniques; and developing inspection guidelines, instructions, handbooks, and training aids.

FGIS will:

1. License personnel determined by FGIS as qualified to perform official sampling and related services. Test potential licensees to determine their skills and abilities. (Information that will be tested is contained in paragraph 2.3 and this SOW.) Issue and renew licenses, in accordance with 7 CFR Part 868 Regulations as supplemented by FGIS-issued instructions and maintaining the licensing database.

2. Provide the Contractor with the pertinent regulations, instructions, directives and notices; sampling, inspection and weighing procedures and equipment;

containers and tags for mailing samples; security containers; FGIS Directive 9070.6, Reporting Violations of the U.S. Grain Standards Act and the Agricultural Marketing Act of 1946; official forms including Form FGIS-110, Bribery Card.

3. Monitor the performance of Contractor in the application of sampling methods and techniques. FGIS-FMD will take the appropriate action if the work performed on its behalf is unacceptable as determined by FGIS-FMD.

4. Report to the Contracting Officer, if the Contractor is found to be in violation of the AMA and regulations. FGIS will suspend or revoke any license according to applicable regulations when it deems such action to be for the good of USDA.

5. Pay contractor for performance rendered in response to a BPA service call order. Payment will be based on the BPA pricing schedule and actual service rendered.

6. Designate service testing laboratories which the contractor may send commodity samples for chemical, physical, and microbiological analysis or inspections. Provide Contractor the location and time of service requests.

7. Spot check Contractor’s performance to ensure that it is according to contract specifications. The method and frequency of spot checking will be determined by FGIS-FMD and will depend on various factors including the contractor’s performance history, service point workload, distance, and budget constraints.

8. Ensure that the Contractor understands: inspection and weighing methods and techniques; sampling methods and techniques; how to use handbooks, instructions, sampling plans, forms, and any equipment involved in performing required services; the necessity and procedures for sample, equipment, and inspection data security; that samples must be mailed to the appropriate laboratory in a timely manner; and that they are not employees of the Federal Government and therefore, are not covered by such benefits as health, retirement, vacation, social security, unemployment compensation, workman’s compensation, etc.

2.5 PERFORMANCE

The Contractor shall provide the service when calls are placed against the BPA by the individuals authorized to request services during the contract period of performance.

The Government and Official Agencies are obligated only to the extent of authorized purchases made under the BPA.

2.6 BASIS FOR PAYMENT

The hourly rate for inspection services (includes all services listed in Paragraph 2.2 above) will be paid for services rendered at the service location in response to a BPA service call order.

Hourly rates for official inspection services shall include all costs necessary to perform the services covered under paragraph 2.2, including, but not limited to, transportation, training, licensing, overtime and premium pay, maintaining supplies, securing information, per diem, lodging, administration, and scheduling.

The contractor is responsible, without separate hourly reimbursement, for employee scheduling, re-ordering supplies, protecting equipment/supplies, securing and discarding reserve files, ensuring plant and company personnel meet sanitary requirements, supervising all activities, training in all activities, and maintaining relations with plant management.

a. Hourly rate (one rate) shall cover the following:

1. Cost of performing service and related administrative costs;

2. Cost of first-class mail service between contractor and employee;

3. Cost of overtime and premium pay;

4. Cost of commuting to service location.

b. Computing hourly rates.

Hourly fees will be assessed in quarter hour increments for:

1. All services covered by the contract, (hourly rate applies uniformly), whether services are performed singly or combined, payment is based on one hourly rate.

2. Performance of the requested service, less mealtime. Time worked online at plants and for time worked off-line necessary to facilitate work activities. Off-line hours is specific to preparing paperwork and samples for distribution and delivering samples and paperwork to local mail drop off sites after production is completed. The amount of off-line time allowed for payment is determined by FGIS-FMD based on local assessment of each plant location and production processes.

c. Application of rates when service is delayed by Plant.

Hourly rates will be paid when:

1. Service has been requested at a specified location;

2. Contractor’s employee is on duty and ready to provide service but is unable to do so because of a delay by the plant (i.e. equipment breaks down or other plant caused disruptions in production); and

3. Contractor determines that the Contractor’s employees or licensed subcontractors cannot be used elsewhere or have not been withdrawn or dismissed.

d. Application of rates when request for service is withdrawn or dismissed.

Hourly fees will be assessed to FGIS for the scheduled service if the request is withdrawn or dismissed after the Contractor’s employee departs for the service point or if the request for service is not withdrawn or dismissed by 2 p.m. of the business day preceding the date of scheduled service. (2-hour minimum) However, hourly fees will not be assessed to FGIS if Contractor’s officials determine that the Contractor’s employee can be used elsewhere or if the Contractor’s employee can be released without cost to the Contractor.

e. To whom fees are assessed.

Fees for official services including additional fees will be assessed to and paid by FGIS for the service.

1. The number of hours requested to work is not guaranteed; that is, the hours may be fewer than the amount shown in the Call Order.

2. Guaranteed 2-hour minimum payment per call out.

3. Form FGIS-992, Services Performed Report, must be completed and sent to FGIS each time called to a service location to perform a service. If, upon arrival, there is no work (including standby time), the service location call out and departure times and the phrase 2-hour minimum must be shown in the Comments of Sampler block. If there are fewer than 2 hours of work performed (including standby time), the service location departure time and the phrase 2-hour minimum must be shown in the block.

2.7 PUBLIC RELATIONS

It is essential for all employees of the Contractor, and their licensed subcontractors, to display a positive image of USDA by ensuring that their employees maintain favorable relations with the processed commodity plant or mill and associated staff. Personnel must be courteous in their dealings with facility management. All personnel working for the Contractor must carry identification at all times documenting employment by the Contractor. Work must be performed with due care, taking precautions against damage to property and interference with vehicular or pedestrian traffic. The Contractor must protect against damage to all USDA, commodity loading facility, and associated property. Contractor employees must identify themselves as contractors and not employees of the Federal Government.

2.8 QUALITY ASSURANCE

A. The government will evaluate the Contractor's performance under this contract.

Nonperformance or substandard task performance will be documented when it occurs.

B. The Government will monitor quality control procedures under this contract. The Contractor will submit a quality control plan before the contract start date. The plan must include methods to be used for identifying and preventing defects in the quality of service performed and records to be kept to document corrective or preventive actions taken. The Contractor must make appropriate modifications and obtain acceptance of the plan by the Contracting Officer before the contract start date.

2.9 CONTRACTOR LIABILITY

The Contractor is liable for any damages, losses, or injuries to people, property, and animals, which occur as a result, directly or indirectly, from work performed by the Contractor’s employees and licensed subcontractors while under contract with USDA-AMS. The Contractor must immediately notify FGIS and the Contracting Officer, of any damages, losses, or injuries occurring during the performance of any contract with USDA.

3.0 WAGE RATES

The Service Contract Act applies to this contract. The Department of Labor Wage rates will be included in the BPA terms for each location and are listed below. The commodity plants are located in:

Markesan, Wisconsin WD Cambria, Wisconsin WD

Section D - CLAUSES AND PROVISIONS

D.1 FAR 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):

34Thttp://farsite.hill.af.mil/34T

(End of Provision)

D.2 FAR 52.204-18 Commercial and Government Entity Code Maintenance. (Jul 2015)

D.2 FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items (May 2015) (Alternate 1)

D.3 FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (Feb 2016)

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

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

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

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

http://farsite.hill.af.mil/

___ (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 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (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).

___ (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.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) 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 (Nov 2011) (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 Representation (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).

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

13126).

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

___ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

___ (31) 52.222-37, Employment Reports on Veterans (Oct 2015) (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).

X___ (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) (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.

___ (37) (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.

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (39) (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.

___ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

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

___ (42) (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.

___ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (44) 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).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

X___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X___ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (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)

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

X___ (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).

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

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (10) 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) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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.

(iii) 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.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

793).

(viii) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 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.

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

(xi) ____ (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).

(xii) 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.)

(xiii) 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)

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

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

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 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.

(xviii) 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)

D.4 FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

D.5 AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

Inspection Services Personnel

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

(End of Clause)

D.6 FAR 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/vffara.htm

(End of Clause)

D.7 AGAR 452.209 – 71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT

STATUS FOR CORPORATE APPLICANTS

(a) This award is subject to the provisions contained in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012, P.L. No. 112-55, Division A, Sections 738 and 739 regarding corporate felony convictions and corporate federal tax delinquencies.

Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal or State law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these Attachment 1 AGAR Advisory 104 Attachment 1, AGAR Advisory 104 Page 4 of 4 convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, USDA may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 or 739.

(End of Clause)

D.8 FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

http://farsite.hill.af.mil/vffara.htm

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 24 months.

(End of clause)

D.9 FAR 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond to be completed at time of award. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond to be completed at time of award, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

D.10 FAR 52.217-8 Option to Extend Services. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

D.11 FAR 52.204-16 --Commercial and Government Entity Code Reporting. (Jul 2015)

D.12 FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items. (Nov 2015)

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 accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through

(p) 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 http://www.acquisition.gov/

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—

(1) 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

(2) 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.

“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…