12639520Q0150 VS Horse Samples.pdf

PDF 502 KB Posted Apr 24, 2020

Attached to: Horse Sampling Kits and Analysis
Solicitation number: 12639520Q0150
Issued by: Department of Agriculture Animal and Plant Health Inspection Service Marketing and Regulatory Programs Business Services

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SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

APHIS-MN-126395

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

USDA APHIS

CODE 16. ADMINISTERED BYCODE

541940

SIZE STANDARD:

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

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/13/2020 1200 CT

04/23/2020

612-336-3625LEAH SCHULTZ

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12639520Q0150

5. SOLICITATION NUMBER

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

1 40 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

9. ISSUED BY

2. CONTRACT NO.

EFFECTIVE DATE

$8.00

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA APHIS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Tax ID Number: Not Available DUNS Number: Not Available Solicitation for horse sample kits, various analysis, and SME support per attached Sections

1.0 - 6.0.

Please contact Leah Schultz with any questions at leah.h.schultz@usda.gov.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

LEAH H. SCHULTZ

. 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

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.

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.

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

40 2 of

Solicitation 12639520Q0052

1.0 PRICE SCHEDULE

The Government intends to award a fixed‐price Indefinite Delivery Indefinite Quantity (IDIQ) contract for horse swab samples. The term of this contract will be three years from date of award.

In the schedule below, please indicate the price per individual sampling kit and sample analysis. One sample analysis unit in the schedule below equates to one horse swabbed or three swabs collected

(environmental/blank, left leg, and right leg). One sampling kit contains supplies to collect 20 samples.

See Section 2.1.3 (A) below. Please also include an hourly rate for SME services as described in Section

3.2 (e) below.

The minimum order amount required by this contract is $1,000. There is no obligation or guarantee that additional kits/analyses will be ordered.

As indicated in Section 2.3.1 below, all prices must include shipping costs to anywhere in the continental

U.S.

Prices per Period of Performance: Estimated Unit Unit Price Total Price

Quantity

YEAR 1: Date of Award – 3/31/2020

001. Sampling Kit 75 kits $________ $___________

002. Option 1: Full Sample Analysis 1,500 EA $________ $___________

002. Option 2: Targeted Sample 1,500 EA $________ $___________ Analysis

003. SME Support 80 HR $________ $___________

YEAR 2: 4/1/2020 – 3/31/2021

004. Sampling Kit 75 kits $________ $___________

005. Option 1: Full Sample Analysis 1,500 EA $________ $___________

005. Option 2: Targeted Sample 1,500 EA $________ $___________

006. SME Support 80 HR $________ $___________

YEAR 3: 4/1/2021 – 3/31/2022

007. Sampling Kit 75 kits $________ $___________

008. Option 1: Full Sample Analysis 1,500 EA $________ $___________

008. Option 2: Targeted Sample 1,500 EA $________ $___________

009. SME Support 80 HR $________ $___________

1.1 Price Scheduling Notes

1.1.1 The resulting contract will be an IDIQ (indefinite delivery indefinite quantity) contract with firm fixed price line items.

1.1.2 In accordance with FAR 52.212‐1: Please ensure your firm provides all necessary items to be considered responsive as outlined in Section 3.1.2 below.

1.2 Questions

All questions must be submitted via email to: leah.h.schultz@usda.gov five days prior to solicitation deadline.

1.3 Quote due date, time, and format

Quotes are due via email no later than 12:00 PM CST on 05/13/2020. It is the contractor’s responsibility to ensure quotes are received on time. Please note that file size limitations, formatting, or other problems may hamper receipt so please verify that the contracting officer has received your quote to Leah.h.schultz@usda.gov.

As part of the contractor’s quote, they must submit swab sampling kit supplies in accordance with Item

#4 of Section 3.1.2 below. The sampling kit must be received at the address below by the quote deadline of 5/13/20. Please verify that Dr. Rhyner received the sampling kit.

USDA‐APHIS‐AC

Attn: Dr. Aaron Rhyner

2150 Centre Ave.

Building B, Mailstop 3W11

Fort Collins, CO 80526‐8117

Aaron.A.Rhyner@usda.gov

(970) 494‐7478

2.0 STATEMENT OF WORK FOR HORSE SAMPLE ANALYSIS

2.1 BACKGROUND

The Animal and Plant Health Inspection Service (APHIS), Animal Care (AC), Horse Protection (HP) program is seeking assistance in analyzing samples taken on horses at HP inspections to detect prohibited substances as defined in the Horse Protection Act (HPA). The HPA prohibits horses subjected to a cruel and abusive practice used to accentuate a horse’s gait called soring from participating in exhibitions, sales, shows, or auctions. To facilitate enforcement of the HPA, swab samples are collected on horses to detect prohibited substances that may be used on horses to cause soring.

Currently, USDA APHIS National Veterinary Services Laboratory (NVSL) in Ames, IA provides AC‐HP with sampling kits but is not equipped to analyze the samples for prohibited substances.

2.2 SERVICE

The contractor will analyze swab samples for the presence of prohibited substances on an as needed basis. They will also be requested to provide sampling kits, when needed. In order to penalize the violators of the HPA for applying prohibited substances to their horses and to eliminate the act of soring, analysis results are needed as soon as possible.

The contractor will provide these services in two capacities. One capacity will be to provide the above mentioned service to samples collected and submitted by USDA. The second function will be to perform these in relation to samples collected and submitted by Horse Industry Organizations (HIO). Samples submitted by HIOs have additional procedures than the samples submitted by USDA. The requirements for each of these capacities is outlined further in Section 2.3 below. Year 1 will involve samples submitted by USDA and a maximum of four HIOs. Year 2‐3 will involve samples submitted by USDA and a maximum of twelve HIOs. The Horse Protection point of contact (POC) will provide the point of contacts and the maximum number of sampling kits and analyzed samples authorized for each HIO to the contractor in an email before the start of each contract year.

2.3 DELIVERABLES

2.3.1 Sample Procurement and Materials (If needed)

A. A sampling kit consists of enough supplies to obtain 20 samples (3 swabs collected per horse:

environmental/blank, left leg and right leg). The sampling kit will include all of the supplies and tasks listed below:

a. 60 ‐ Sealable tubes with swabs attached to cap, i.e. Simport Q‐Swab™, Cat. #T307‐5A

b. 20 ‐ Security sealable evidence bags, i.e. Lynn Peavey Company Strip‐N‐Grip Evidence

Pouch 4” x 6”, #07714

c. 20 ‐ Absorbent sheets ‐ cut to fit inside the evidence bags and large enough to absorb approximately 5 ml liquid. These will be preloaded into the evidence bags.

d. Approximately 100 ml Ethyl alcohol, 95%, 190 proof, ACS grade or equivalent

e. 4 ‐ 30‐50 ml bottle to ship and/or distribute ethyl alcohol, i.e. Evident 1 oz. Flip‐Top

Bottles, #4044

f. 1 – 250 ml wide mouth wash bottle to dispense ethyl alcohol into swab tubes, i.e.

Nalgene™ Wide‐mouth Unitary™ Wash Bottles, #69103

g. 2 – Sealable large plastic bags, i.e. 12” x 12”. These will be used to protect the Chain of

Custody Sheet and to secure the samples within an additional layer of packaging.

h. 1 – Alcohol resistant pen to write on the sample tubes and evidence bags, i.e. Securline Lab Marker fine tip

i. 1 ‐ Exempted Quantity shipping label, blank, to remit samples to the contractor

j. 4 ‐ Ice packs

k. 1 ‐ Large, insulated shipping box, i.e. 8x6x4 corrugated Kraft shipping box

l. 1 – Sample submission Chain of Custody Sheet. The Chain of Custody sheet must capture the following at a minimum:

Name, signature and date of the submitter

Name of person collecting samples and date of collection

Organization Name of submitter

Name, signature and date of receiver

Event Name

Number of samples submitted

Type of specimens submitted (swab) and preservation method (ice packs)

Evidence bag number, class number and entry number for each sample collected

B. The contractor will be responsible for all shipping fees associated with transporting the kits within the continental U.S. to USDA and HIOs. All kits must be delivered within 7 calendar days from receipt of order unless otherwise indicated.

C. The contractor will be responsible for all shipping fees associated with transporting the kits within the continental U.S. from an HIO to the lab. The kits must be delivered by overnight (i.e.

“Next Day Air”) to safeguard the samples.

D. When a sampling kit request is received by email from an HIO, the contractor will notify the

Horse Protection POC by email the details of the request to include the number of kits requested and the HIO name before agreeing to send any sampling kit(s). The contractor must receive email approval from the Horse Protection POC before shipping any sampling kit(s) to an

HIO.

2.3.2 Analysis of Samples and Generation of Report

Testing of the samples include analysis of the actual sample (2 swabs, one from each front leg) and its associated environmental/blank. The analysis of the blank will be included in the sample cost. The sample price will include multiple analyses, reference standards and all other associated expenses. In order to determine the best value option for the Government, we would like to evaluate two options of testing:

Option 1: Full Sample Analysis

A. Receive samples, maintaining chain of custody and integrity of samples. Declare on the report the condition (i.e. not tampered with) and temperature (in degrees Celsius) that samples were received.

a. Contractor will notify by email the Horse Protection POC when samples are received from an

HIO including the number of samples received and the HIO name. The contractor must receive email approval from the Horse Protection POC before proceeding with analysis of the samples.

B. Analysis Approach: The approach will be to initially perform a full scan gas chromatography and mass spectrometry (GC/MS) analysis and use the computerized library to identify all potential substances present in each sample. This will be followed by the procurement of reference materials for substances detected for which a more definitive analysis will be performed.

Contractor will submit, and the USDA will approve, a written protocol that will outline the steps within the general analytical scheme. It is understood that if USDA gains information that a particular substance should be focused on from an inspection that substance will be procured. The total price for the analysis will be based upon a per‐sample price.

C. Generation of report: All substances found will be reported using consistent nomenclature and will include quantification (in parts per million) of each substance. The results of the blank sample will be included in the report as well. Chain of custody information will be included on the report. In order to penalize violators of the HPA, analysis will be completed within 2 weeks.

a. Samples submitted by USDA: Contractor will send the report of results to the Horse Protection

POC by email within one week of the completed analysis. All test results must be retained for one year after expiration of this contract.

b. Samples submitted by an HIO: Contractor will send the report of results to the submitting HIO and to the Horse Protection POC by email within one week of the completed analysis. All test results must be retained for one year after expiration of this contract.

D. Expert Witness/Subject Matter Expert (SME): In the event of a positive sample resulting in adjudication, the contractor will provide a qualified subject matter expert to share testimony on receipt of samples (chain of custody), methodology of sample analysis and sample result. Also, if a stakeholder has general questions of the GC/MS analysis or prohibited substances identified, a SME from the contractor may be requested to present answers to their questions. Additionally, when requested the contractor will supply the Horse Protection POC with any additional reports (i.e. raw analytical data) regarding the samples.

Option 2: Targeted Sample Analysis

1. Contractor will notify by email the Horse Protection POC when samples are received from an HIO including the number of samples received and the HIO name. The contractor must receive email approval from the Horse Protection POC before proceeding with analysis of the samples.

B. Analysis Approach: The approach will be to initially perform a full scan gas chromatography and mass spectrometry (GC/MS) analysis and use the computerized library to identify all target prohibited substances present. This will be followed by the procurement of reference materials for prohibited substances detected for which a more definitive analysis will be performed.

Contractor will submit, and the USDA will approve, a written protocol that will outline the steps within the general analytical scheme. It is understood that if USDA gains information that a particular prohibited substance should be focused on from an inspection, and if the contractor does not have that substance in its current reference library, the contractor must acquire it in order to provide the analysis required by this contract at no additional cost to the Government. The total price for the analysis will be based upon a per‐sample price.

Target Prohibited Substances:

‐Lidocaine ‐Benzocaine ‐Capsaicin ‐Menthol ‐Prilocaine ‐Pramoxine ‐Zinc Acetate ‐Dibucaine ‐Benzalkonium chloride ‐Hydrocortisone ‐Dyclonine ‐Tetracaine ‐Camphor ‐Diclofenac sodium

‐DMSO

C. Generation of report: All target prohibited substances found will be reported using consistent nomenclature and will include quantification (in parts per million) of each substance. The results of the blank sample will be included in the report as well. Chain of custody information will be included on the report. In order to penalize violators of the HPA, analysis will be completed within 2 weeks.

a. Samples submitted by USDA: Contractor will send the report of results to the Horse Protection

POC by email within one week of the completed analysis. All test results must be retained for one year after expiration of this contract.

2.4 PERFORMANCE PERIOD

This is a three‐year Indefinite Delivery Indefinite Quantity (IDIQ) contract. Delivery Orders will be issued as necessary.

2.5 PLACEMENT OF ORDERS

The contractor shall provide the products under this contract only as directed in the delivery orders. In accordance with FAR 16.505, each order will include:

(i) Date of order

(ii) Contract number and order number

(iii) Item number and description, quantity, and unit price including whether it is HIO or Government ordered

(iv) Delivery date

(v) Place of delivery or performance (including consignee)

(vi) Packaging, packing, and shipping instructions, if any

(vii) Accounting and appropriation data

(viii) Method of payment and payment office, if not specified in the contract

(ix) Any other pertinent information

3.0 SUBMISSION AND EVALUATION FACTORS

3.1 MINIMUM QUALIFICATION FACTORS

3.1.1 Evaluation Factors

In this acquisition, the Government will identify the quote that offers the best value to the Government based on price and non‐price factors and allows the Government to accept other than the lowest priced quote.

Submittal evaluation will occur in accordance with Simplified Acquisition Procedures as outlined in FAR part 13.106‐2.

EVALUATION FACTORS:

Price Please complete the price schedule in Section 1.0 above for both Option 1 and Option 2 as outlined in Section 2.3.2.

Technical Approach Contractor will be evaluated on the proposed approach of the development of written protocol that will outline the steps within the general analytical scheme per Section 2.3.2. More specifically, please outline the protocol when/if “new chemicals” are discovered (test procedures). A higher rating will be given to the contractor whose approach best demonstrates contractor’s ability to preserve the integrity of the samples based on protocols identified to adjust for varying circumstances.

Technical Capability The contractor must demonstrate that it is ISO accredited by submitting a certificate of A2LA showing ISO/IEC 17025 accreditation: 2017 – General Requirements for the Competence of Testing and Calibration Laboratories.

The contractor must also demonstrate an ability to work with regulatory agencies and work with programs that are confidential in nature that the processes in place preserve the confidentiality. This may include providing specific examples of past experiences, security protocols, etc. Any examples identified here can be used as past performance references as well.

Sampling Kit Submitted supplies must meet the specifications outlined in Section 2.3.1 in the specific quantities noted in Item #4 of Section 3.1.2 below.

Testing Quality Assurance This QA plan shall explain the contractor’s quality control system and clearly demonstrate the contractor’s ability to consistently adhere to contract requirements as well as outline how the company intends to ensure testing is accurate and provide timely reports.

Personnel Describe the qualifications of those performing and managing testing services.

Based on professional resumes submitted, higher ratings will be given to individuals with experience in providing regulatory testing and participating in legal proceedings as a result of tests.

Past Performance Past performance is a measure of the degree to which an offeror has satisfied customers in the past, and complied with federal, state, and local laws and regulations. Offeror’s with no past performance information will be given a neutral rating.

Past Performance, Technical Capability, Sample Submission, Quality Assurance, and Personnel when combined are approximately equal to Price.

3.1.2 Items Required to be Submitted for Award

The following items are required to be submitted in order to be eligible for award:

1) A signed copy of the SF 1449 Form. Please complete Block 17a including vendor name, address, phone number, Federal Tax ID number, and DUNS number. Then, sign in block 30a. By signing this form, you are certifying that you can accommodate the delivery schedule outline in Section 1.0.

2) Price schedule for each year of the contract as organized in Section 1.0 of the Solicitation.

3) Technical quote that demonstrates Technical Approach and Capabilities as requested in Section 3.1.1 with A2LA Certification DocumentsSampling kit supplies to collect one (1) sample must include at a minimum three (3) swab tubes, one (1) evidence bag with absorbent material, one (1) bottle to ship ethyl alcohol, one (1) wash bottle to dispense ethyl alcohol, one (1) Chain of Custody sheet, and one (1) excepted quantity label.

Supplies must be sent to:

USDA‐APHIS‐AC

Attn: Dr. Aaron Rhyner 2150 Centre Ave.

Building B, Mailstop 3W11 Fort Collins, CO 80526‐8117

(970) 494‐7478 All samples will be destroyed after award of the contract.

4) Quality Assurance Plan: Contractors shall include a quality control plan with their quote.

5) Resumes of lab personnel and subject matter experts that would be responsible for verifying lab testing credentials in any legal procedure.

6) Past Performance will be evaluated based on CPARS reports.

7) SYSTEM for AWARD MANAGEMENT (SAM) REGISTRATION: SAM Registration is required of all federal contractors. SAM registration enables electronic funds transfer of contract payments. If your company is not already registered, please register in the SAM database at https://www.sam.gov/portal/public/SAM/.

a) A DUNS number is required for SAM registration. If your company does not have

DUNS #, obtain one by calling 800‐333‐0505.

b) If the prospective awardee for this request for quotes is not registered in the SAM database by close of solicitation, depending on mission requirements, the government reserves the right to proceed to award to the next otherwise successful registered offeror.

**PLEASE NOTE that other than indicated above, submissions 1‐3, 5‐6 must ONLY be submitted to the Contracting Specialist, Leah Schultz, at leah.h.schultz@usda.gov.

4.0 CONTRACT ADMINISTRATION

4.1 DELIVERY ORDER

Delivery orders will be issued against this contract on a firm fixed price bases at the quoted price.

Separate delivery orders will be issued for Government samples and HIO sampling kits and sample analysis.

Orders may be placed by a warranted contracting officer via mail, orally, or through email.

4.2 INVOICING INFORMATION

Invoices may be issued upon USDA acceptance of all items/services provided. The Contractor must make sure to correctly invoice HIO and Government orders against the proper order. Invoices must be submitted 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, and for whom (i.e. Government or HIO);

(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.

4.3 POINTS OF CONTACT

For questions regarding general contract administration, please contact Leah Schultz, Contract

Specialist, at 612‐336‐3625 or Leah.h.schultz@usda.gov.

Technical Point of Contact information will be provided at the time of award.

4.4 ORDERING AUTHORITY

Orders may be placed by a warranted contracting officer via email. Copies of any delivery order issued must be sent to the following: Leah Schultz at leah.h.schultz@usda.gov

5.0 CONTRACT CLAUSES

5.1 Incorporated by Reference

52.212‐4 Contract Terms and Conditions—Commercial Items. (Oct 2018)

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

5.2 Full Text

52.212‐5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders‐

Commercial Items (Mar 2020)

(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) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115‐232).

(4) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233‐3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233‐4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108‐77 and 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).

__ (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 (June 2010) (Section 1553 of Pub. L. 111‐5). (Applies to contracts funded by the American

Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204‐10, Reporting Executive Compensation and First‐Tier Subcontract Awards (Oct

2018) (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 (Oct

2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219‐3, Notice of HUBZone Set‐Aside or Sole‐Source Award (Mar 2020)

(15 U.S.C.657a).

__ (ii) Alternate I (Mar 2020) of 52.219‐3.

_X_ (12) (i) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer)

(15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219‐4.

__ (13) [Reserved]

__ (14) (i) 52.219‐6, Notice of Total Small Business Set‐Aside (Mar 2020) (15 U.S.C.644).

__ (ii) Alternate I (Mar 2020).

__ (iii) Alternate II (Nov 2011).

__ (15) (i) 52.219‐7, Notice of Partial Small Business Set‐Aside (Mar 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219‐7.

__ (iii) Alternate II (Mar 2004) of 52.219‐7.

_X_ (16) 52.219‐8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

_X_ (17) (i) 52.219‐9, Small Business Subcontracting Plan (Mar 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219‐9.

__ (iii) Alternate II (Nov 2016) of 52.219‐9.

__ (iv) Alternate III (Mar 2020) of 52.219‐9.

__ (v) Alternate IV (Aug 2018) of 52.219‐9

__ (18) 52.219‐13, Notice of Set‐Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

_X_ (19) 52.219‐14, Limitations on Subcontracting (Mar 2020) (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 (Mar

2020) (15 U.S.C. 657f).

_X_ (22) (i) 52.219‐28, Post Award Small Business Program Rerepresentation (Mar 2020)

(15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219‐28.

__ (23) 52.219‐29, Notice of Set‐Aside for, or Sole Source Award to, Economically Disadvantaged

Women‐Owned Small Business Concerns (Mar 2020) (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 (Mar 2020)

(15 U.S.C. 637(m)).

_X_ (25) 52.219‐32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

___ (26) 52.219‐33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

_X_ (27) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) (i) 52.222‐26, Equal Opportunity (Sept 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222‐26.

_X_ (29) (i) 52.222‐35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222‐35.

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

__ (ii) Alternate I (July 2014) of 52.222‐36.

_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 (Jan 2019) (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).

_X_ (34) 52.222‐54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off‐the‐shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) (i) 52.223‐9, Estimate of Percentage of Recovered Material Content for EPA–Designated

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 (Jun2016) (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 Televisions (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. 13693).

__ (45) (i) 52.224‐3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224‐3.

__ (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 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (49) 52.225‐13, Restrictions on Certain Foreign Purchases (June 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

(Oct 2018) (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).

X_ (59) 52.242‐5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (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.

__ (iii) Alternate II (Feb 2006) 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 (Aug 2018) (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) (Aug 2018) (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).

__ (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).

(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) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115‐232).

(v) 52.219‐8, Utilization of Small Business Concerns (Oct 2018) (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.

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

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

(viii) 52.222‐26, Equal Opportunity (Sept 2015) (E.O.11246).

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

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

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

(xii) 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.

(xiii) 52.222‐41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiv)

(A) 52.222‐50, Combating Trafficking in Persons (Jan 2019) (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 and E.O 13627).

(xv) 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).

(xvi) 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).

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

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

(xix) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xx)

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

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

(xxi) 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).

(xxii) 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.

(xxiii) 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.

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 five additional years.

(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 (i.e., email) only if authorized in the Schedule.

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 $1,000, 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 in excess of $200,000; or

(2) Any order for a combination of items in excess of $200,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) Notwithstanding the order maximum of $200,000 (paragraph (b)(2) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b)(1), unless that order (or orders) is returned to the ordering office within 10 business days after issuance, with written notice stating the Contractor’s inability to perform and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from other sources.

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 3 years from the date the contract is awarded.

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 $1,000, but not in excess of $750,000.

6.0 CONTRACT PROVISIONS

6.1 Provisions Incorporated by Reference

52.203‐11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

52.204‐24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019)

52.212‐1 Instructions to Offerors – Commercial Items (July 2013) 52.212‐2 Evaluation—Commercial Items (Jan 1999)

6.2 Provisions Incorporated by Full Text

52.212‐3 Offeror Representations and Certifications‐Commercial Items. (Dec 2019)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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—

(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.

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

“Restricted…

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