Amendment 0001.pdf

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Attached to
Ultrasonicators for DNA Fragmentation Federal contract opportunity
Solicitation number
12639521Q0166
Issued by
Department of Agriculture Animal and Plant Health Inspection Service Marketing and Regulatory Programs Business Services

About this file

This federal solicitation seeks quotes for two ultrasonicators for DNA fragmentation including an option for annual preventative maintenance. The Department of Agriculture Animal and Plant Health Inspection Service requires the equipment be installed in Manhattan, Kansas and for the contractor to provide training. Quotes are due to Lisa Draves by the specified date. The firm-fixed-price commercial contract will be awarded to a responsible source. The NAICS code is 334516 with a small business size standard of 1,000 employees.

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Responses to Questions 6.14.21.pdf PDF
Amendment 0002.pdf PDF
Responses to Questions 6.8.2021.pdf PDF
Solicitation 12639521Q0166.pdf PDF

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Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 5. PROJECT NO. (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

PAGE OF PAGES

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this amendment is to:

1. Revise Note 1 of "Notes to Quoters".

2. Revise the Pricing Schedule.

3. Revise Training specifications (Section 7.0, Section 8.0).

4. Revise clause 52.217-9, Option to Extend the Term of the Contract.

See attachment for details. (Changes in red. Additions underlined, deletions strike-through).

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

6. ISSUED BY

USDA APHIS

250 MARQUETTE AVE

SUITE 410

MINNEAPOLIS MN 55401

See Item 6

J

4. REQUISITION/PURCHASE REQ. NO.

9A. AMENDMENT OF SOLICITATION

NO.

12639521Q0166

06/07/2021

9B. DATED (SEE ITEM 11)

05/26/2021

Amendment 0001

NOTES TO QUOTERS

1. Submit quotes to Lisa Draves at lisa.a.draves@aphis.usda.gov by the time specified in the solicitatio

A COMPLETE QUOTE SHALL INCLUDE THE FOLLOWING INFORMATION:

☐ Cover page or signed Standard Form (SF) 1449. Reference the solicitation number and include company name, DUNS number, and point of contact information.

☐ Pricing Schedule (page 5). Quotes must provide a price for all items in this solicitation to be eligible for award. The Government may order any item or group of items of a quote, unless the quoter qualifies the quote by specific limitations. will award on an “All or None” basis.

☐ Technical Information. See provision 52.211‐6, Brand Name or Equal (page 21).

Unless the quoter clearly indicates in the quote that the product being offered is an

“equal” product, the quoter shall provide the brand name items referenced in the solicitation.

Quotes of “equal” products must: (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by brand name, if any; and make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished describe data or information available to the Contracting Officer; and (4) Clearly describe any modifications to the quoter’s plans to make in a product/item to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications. The Contracting Officer will evaluate “equal” products on the basis of information furnished by the quoter or identified in the quote and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the quote.

☐ Past Performance Information. Provide past performance references for recent and relevant work performed by the quoter within the last three years. Include project title, description, dollar value, dates performed, location, and contact information (name, title, valid email address, and phone).

☐ Representations (pages 46‐50). Submit the following representations:

52.204‐24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

52.229‐11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION

(JUN 2020)

2. All questions must be submitted in writing to Lisa Draves at lisa.a.draves@aphis.usda.gov. Submit questions no later than three (3) days prior to the response deadline to ensure adequate time is available to respond and amend the solicitation if necessary.

3. Quoters must be registered in the System for Award Management (beta.SAM.gov), including current online representations and certifications, no later than the solicitation response date.

4. A prospective contractor may be requested to provide additional information to assist the Government in making a responsibility determination (FAR Subpart 9.1).

5. The U.S. Department of Agriculture (USDA) is an agency of the Federal Government and is tax exempt (Tax ID # 41‐069271).

PRICING SCHEDULE

ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL

0001 LE220‐plus Focused‐ 2 EA _______ _______ ultrasonicator and components as specified

0002 Installation and Training 1 LS _______ _______

1001 Option Item: LE220‐plus 2 EA _______ _______

One Year Service Plan

1002 Option Item: Training 1 LS _______ _______

2001 Option Item: LE220‐plus 2 EA _______ _______

One Year Service Plan

3001 Option Item: LE220‐plus 2 EA _______ _______

One Year Service Plan

4001 Option Item: LE220‐plus 2 EA _______ _______

One Year Service Plan

TOTAL _______

Statement of Work

Ultrasonicator for DNA fragmentation

1.0 BACKGROUND

This requirement is for the United States Department of Agriculture, Animal Plant Health and Inspection Service, National Bio and Agro Defense Facility (NBAF) in Manhattan, Kansas. As the Nation's veterinary authority, Veterinary Services improves the health, productivity, and quality of life for animals and people, and maintains and promotes the safety and availability of animals, animal products, and veterinary biologics. The NBAF facility helps protect the nation’s agriculture, farmers and citizens against the threat and potential impact of serious animal diseases.

2.0 OBJECTIVE

The objective of this acquisition is to purchase two (2) new Ultrasonicators for use at the NBAF laboratory for DNA fragmentation for NGS sequencing.

Construction of high‐quality sequencing libraries is pivotal to successful next‐generation sequencing (NGS). One critical step in library preparation for NGS is DNA shearing which involves the fragmentation of DNA molecules into appropriate and consistent fragment sizes for sensitive and accurate sequencing.

Of all the methods used to shear DNA, sonication is considered the best as it does not use enzymes or chemicals that may be carried throughout the sequencing workflow which may negatively impact read quality downstream. In addition, sonication generates more uniformly sized fragments than shearing with specific restriction endonucleases, because these enzymes target specific points along a DNA sequence without regard for the distance between those points. Briefly, ultrasonicators shear DNA by applying bursts of ultrasound, which cleaves hydrogen bonds and causes single‐ and double‐strand ruptures of the DNA helix. Using this method, DNA can be sheared into fragments as small as 100 base pairs in length. Exposure of DNA to uniform bursts of ultrasound leads to unbiased shearing, resulting in high yields of evenly sized double‐stranded DNA for library preparation.

The ability to use ultrasonicators to fragment DNA for the construction of high quality NGS libraries will be instrumental to the research performed by Foreign Animal Disease Research Unit (FADRU) which will be transferred to the NBAF laboratory. This technology will allow researchers to elucidate the host‐ pathogen interactions of FMDV, including identifying viral determinants of FMDV that control virulence in susceptible hosts, determining virus/host interactions at the primary sites of infection in ruminants and pigs with focus on factors defining tropism and early host responses, and determining characteristics and mechanisms of FMDV within‐hot evolution over distinct phases of infection. As well as determine the molecular basis for FMDV‐host interactions that impact virulence.

3.0 CONTRACT TERM AND TYPE

The contract period of performance is date of award through November 30, 2021. (See also clause

52.217‐9 Option To Extend the Term of the Contract.)

This is a Firm‐Fixed‐Price contract. The payment provided for in the contract shall constitute full compensation for furnishing all materials, equipment, and labor, and performing all work under the contract in a complete and acceptable manner. Compensation for all work shown, specified, or essential to completion of the project shall be included in the total price. The payment provided in the contract includes compensation for all risk, loss, damage, and expense arising out of the nature of the work or its prosecution, subject to the conditions of the contract.

4.0 SPECIFICATIONS

4.1 The contractor shall furnish and install the following (brand name or equal):

Covaris LE220‐plus Focused‐ultrasonicators and components, Qty: 2 Each.

Each Covaris LE220‐plus Focused‐ultrasonicator shall include the following:

LE220‐plus Focused‐ultrasonicator, # 500569, Quantity: 1

8 AFA‐TUBE TPX Strip (12), #520292, Quantity: 1 LE220‐plus Rack 8 AFA‐TUBE TPX Strip, #500685, Quantity: 1

Rack 96 AFA‐TUBE TPX Plate, #500684, Quantity: 1

96 AFA‐TUBE TPX Plate, #520291, Quantity: 1

Minimum Required Features (Salient Characteristics) for the Covaris LE220‐plus Focused‐ Ultrasonicator and Components:

NEW (used or refurbished equipment is not acceptable)

Treatment Power: 0.1 to 250 Watts Average

Incident Power: 2.5 to 500 Watts Peak Incident Power (PIP)

96 Sample Processing Capacity

Capacity to shear micro‐volumes of 5 to 500 μL

DNA shearing to fragment sizes of 150bp to 1kb

Frequency of 0.5 to 1 MHz

Programmable control for intensity, time, and cycles

The contractor warrants when used in accordance with written instruction and under normal operating conditions, the instruments are guaranteed to be free of defects in material and workmanship for one (1) year from the date of original delivery by an authorized representative.

Any component which proves defective during the stated period will be repaired free of charge or replaced.

4.2 The contractor shall provide the following:

LE220‐plus One Year Service Plan, #530174 (OPTION ITEM) Quantity: 2 Each*

(brand name or equal)

*Note: Additional Option Items included in Pricing Schedule.

Minimum Requirements (Salient Characteristics) for the LE220‐plus One Year Service Plan (Option

Items):

On‐site preventative maintenance ‐ Annual preventative maintenance inspections by a manufacturer‐certified field service engineer to ensure that the equipment meets or exceeds all manufacturer’s technical performance specifications. Preventative maintenance includes a full system inspection, diagnostics and system evaluation, cleaning, calibration, and installation of software upgrades. Coverage for the plan includes:

o Software upgrades o Emergency Service o Technical Support o Parts o Labor o All travel‐related expenses (if required) o Includes laptop and water conditioning system (WCS) where applicable.

5.0 CONTRACTOR PERFORMANCE REQUIREMENTS

The contractor must provide all the necessary and proper equipment for unloading the equipment, transporting it to the delivery location. See Section 7.0, Delivery and Installation.

6.0 GOVERNMENT FURNISHED EQUIPMENT

See clause 52.245‐2 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES (APR 2012)

7.0 DELIVERY AND INSTALLATION

7.1 Delivery is FOB destination. The equipment shall be delivered within 90 days after award. The contractor shall coordinate delivery with the Government Technical Point of Contact at least five business (5) days in advance.

Deliver To:

USDA, APHIS, VS

c/o Holitna Construction 1585 S. Waukegan Road Waukegan, IL 60085‐6727

The Government will inspect and accept equipment at the Delivery location.

The Government will relocate the LE220‐plus Focused‐ultrasonicator equipment/components to the National Bio and Agro Defense Facility (NBAF) in Manhattan, KS for contractor installation. Relocation of the LE220‐plus Focused‐ultrasonicator equipment/components to NBAF shall have no impact to warranty.

7.2 The Contractor shall install the equipment at the following location:

National Bio and Agro Defense Facility (NBAF) 1980 Denison Ave Manhattan, KS 66502

The Government Technical Point of Contact or designee will schedule installation and training with the Contractor prior to November 30, 2021. Installation and training will be scheduled at least three (3) weeks in advance. The Contractor shall adapt scheduling as necessary during this period based on the readiness of the Government’s facility and availability of Government personnel.

The Contractor shall inspect the equipment prior to installation and verify systems are fully functional.

The contractor shall demonstrate the equipment is functioning according to the manufacturer’s specification upon completion of the installation. A user manual shall be provided at time of installation.

7.3 8.0 Training (Option Item). The contractor shall provide one person‐to‐person training session on the equipment at NBAF. and user manuals at time of installation. The length of the training session shall be between 2 and 3 hours. The Government Technical Point of Contact or designee will schedule training with the Contrator at least three (3) weeks in advance. The training session may be scheduled at any time following installation and prior to contract expiration.

89.0 GOVERNMENT POINTS OF CONTACT

Technical Point of Contact Lauren Holinka‐Patterson Microbiologist Phone: 631‐323‐2101 Email: lauren.holinka‐patterson@usda.gov

Contracting Officer Lisa Draves Contract Specialist Phone: 612‐336‐3364 Email: lisa.a.draves@usda.gov

10.0 SAFETY AND SECURITY REQUIREMENTS

The contractor must be escorted and accompanied at all times while at the facility.

11.0 INVOICES

The USDA, APHIS uses the Invoice Processing Platform (IPP) for electronic submission and tracking of invoices and payment information to its suppliers of goods and services. Invoices shall be submitted electronically to the IPP invoicing system. The contractor may register at Enroll at https://ipp.gov

The Contractor shall submit evidence of delivery documentation with its invoice.

The invoices shall be submitted in arrears and prepared in accordance with FAR 52.212‐4 (g).

11.0 CLAUSES

The following clauses are incorporated by reference:

52.203‐17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS

52.204‐13 SYSTEM FOR AWARD MANAGEMTN MAINTENANCE (OCT 2018)

52.204‐18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.212‐4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018)

52.232‐40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

(DEC 2013)

52.245‐1 GOVERNMENT PROPERTY

52.245‐9 USE AND CHARGES

52.252‐2 CLAUSES INCORPORATED BY REFERENCE

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): www.acquisition.gov

The following clauses are incorporated by full text:

52.212‐5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS‐COMMERCIAL ITEMS (JAN 2021)

(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 2020) (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:

_X_ (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (June 2020), 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 (Jun 2020) (41 U.S.C. 3509)).

__ (3) 52.203‐15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111‐5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204‐10, Reporting Executive Compensation and First‐Tier Subcontract Awards (Jun 2020) (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. (Jun 2020) (31 U.S.C. 6101 note).

__ (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.

__ (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]

_X_ (14)

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

__ (ii) Alternate I (Mar 2020) of 52.219‐6.

__ (15)

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

__ (ii) Alternate I (Mar 2020) 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)).

__ (17)

(i) 52.219‐9, Small Business Subcontracting Plan (Jun 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 (Jun 2020) of 52.219‐9.

__ (v) Alternate IV (Jun 2020) of 52.219‐9

__ (18)

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

__ (ii) Alternate I (Mar 2020) of 52.219‐13.

_X_ (19) 52.219‐14, Limitations on Subcontracting (Mar 2020) (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 (Mar 2020) (15 U.S.C. 657f).

_X_ (22)

(i) 52.219‐28, Post Award Small Business Program Rerepresentation (Nov 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 (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219‐32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

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

_X_ (27) 52.222‐3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (28) 52.222‐19, Child Labor‐Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

_X_ (29) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30)

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

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

_X_ (31)

(i) 52.222‐35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

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

_X_ (32)

(i) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

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

_X_ (33) 52.222‐37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

_X_ (34) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35)

(i) 52.222‐50, Combating Trafficking in Persons (Oct 2020) (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).

__ (36) 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.)

__ (37)

(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.)

_X_ (38) 52.223‐11, Ozone‐Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

_X_ (39) 52.223‐12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40)

(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.

__ (41)

(i) 52.223‐14, Acquisition of EPEAT®‐Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223‐14.

__ (42) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43)

(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_ (44) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

_X_ (45) 52.223‐20, Aerosols (Jun 2016) (E.O. 13693).

_X_ (46) 52.223‐21, Foams (Jun2016) (E.O. 13693).

__ (47)

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

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

_X_ (48) 52.225‐1, Buy American‐Supplies (Jan2021) (41 U.S.C. chapter 83).

__ (49)

(i) 52.225‐3, Buy American‐Free Trade Agreements‐Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 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 (Jan 2021) of 52.225‐3.

__ (iii) Alternate II (Jan 2021) of 52.225‐3.

__ (iv) Alternate III (Jan 2021) of 52.225‐3.

__ (50) 52.225‐5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 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).

__ (52) 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. 2302Note).

__ (53) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229‐12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232‐29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232‐30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232‐33, Payment by Electronic Funds Transfer‐System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (59) 52.232‐34, Payment by Electronic Funds Transfer‐Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232‐36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239‐1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242‐5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

_X_ (63)

(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:

__ (1) 52.222‐41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

__ (2) 52.222‐42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 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).

__ (4) 52.222‐44, Fair Labor Standards Act and Service Contract Labor Standards‐Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

_X_ (5) 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).

__ (6) 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).

__ (7) 52.222‐55, Minimum Wages Under Executive Order 13658 (Nov 2020).

__ (8) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (9) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (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, as defined in FAR 2.101, on the date of award of this contract, 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 (Jun 2020) (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 2020) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219‐8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222‐26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222‐35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222‐37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

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

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

(xiii)

(A) 52.222‐50, Combating Trafficking in Persons (Oct 2020) (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).

(xiv) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment‐Requirements (May2014) (41 U.S.C. chapter 67).

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

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

(xvii) 52.222‐55, Minimum Wages Under Executive Order 13658 (Nov 2020).

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

(xix)

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

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

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

(xxi) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226‐6.

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

(d) of FAR clause 52.247‐64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.217‐9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government has the unilateral right to extend the term of this contract when options are exercised by the Contracting Officer as follows: The Government may unilaterally exercise CLINs 1001, 1002, 2001, 3001, and 4001 in numerical order at any time prior to expiration of the contract period of performance.

(b) If the Government exercises option CLINs, the extended contract shall be considered to include this option clause. Exercise of any option shall be evidenced on a Standard Form 30.

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

52.237‐2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION. (APR 1984)

The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the

Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

52.245‐2 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES (APR 2012)

(a) This Government Property listed in paragraph (e) of this clause is furnished to the Contractor in an "as‐is, where is" condition. The Government makes no warranty regarding the suitability for use of the Government property specified in this contract. The Contractor shall be afforded the opportunity to inspect the Government property as specified in the solicitation.

(b) The Government bears no responsibility for repair or replacement of any lost Government property. If any or all of the Government property is lost or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense. The Contractor shall have title to all replacement property and shall continue to be responsible for contract performance.

(c) Unless the Contracting Officer determines otherwise, the Government abandons all rights and title to unserviceable and scrap property resulting from contract performance. Upon notification to the Contracting Officer, the Contractor shall remove such property from the Government premises and dispose of it at Contractor expense.

(d) Except as provided in this clause, Government property furnished under this contract shall be governed by the Government Property clause of this contract.

(e) Government property provided under this clause:

Revi

PROVISIONS

The following provisions are incorporated by reference:

52.204‐7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204‐16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

52.212‐1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT 2018)

The following provisions are incorporated by full text:

52.211‐6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must‐

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by‐

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

52.212‐1 ADDENDUM

52.212‐1 Instructions to Offerors – Commercial Items, is replaced in its entirety by this addendum.

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of Quotes. Submit quotes to Lisa Draves at lisa.a.draves@aphis.usda.gov at or before the date/time specified in this solicitation. See “Notes to Quoters” for submission requirements.

(c) Submission deadline. Quotes must be received by the date and time specified in this solicitation. A late quote will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late quote would not unduly delay the acquisition. In the case of an emergency or unanticipated event that delays Government 20 operations so that quotes cannot be received, the deadline will be extended by one working day.

(d) Terms of and content. Quotes must be based on the terms of this solicitation. The Government may reject any quote that is not based on these terms in every respect. Quotes must contain all of the information required by the solicitation.

(e) Contract award. The Government intends to evaluate quotes and award a contract without discussions. Therefore, a quote should contain the quoter’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotes if such action is in the public interest; award to other than the lowest priced quoter; and waive informalities and minor irregularities in quotes received. Quoters are responsible for ensuring completeness of quotes. The Government may evaluate solely on the information provided with the initial quotation.

(g) Requests for information. The contracting officer will not notify unsuccessful quoters that responded to this solicitation. Quoters may request information on award(s) resulting from this solicitation from the contracting officer.

(End of Addendum)

52.212‐2 EVALUATION – COMMERCIAL ITEMS

(a) Evaluations will be conducted in accordance with Simplified Acquisition Procedures (FAR Part 13).

The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

After preliminary consideration of all quotations or offers, the Government will identify from all quotations received the lowest priced brand name or equal product, and quickly screen all lower priced quotations based on readily discernible value indicators, such as past performance.

Evaluation of past performance may be based on one or more of the following: (1) The contracting officer’s knowledge of and previous experience with the supply or service being acquired; (2) customer surveys, and past performance questionnaire replies; (3) the Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov; or (4) any other reasonable basis.

(b) Options. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(End of Provision)

52.212‐3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (FEB

2021)

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.

Reasonable inquiry has the meaning provided in the clause 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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"—

Sensitive technology—

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

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

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

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

Service‐disabled veteran‐owned small business concern—

(1) Means a small business concern—

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

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

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

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

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

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2);

and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

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