12639522Q0187.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

APHIS-MN-126395

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

USDA APHIS

CODE 16. ADMINISTERED BYCODE

X

X

X

325120

SIZE STANDARD:

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

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/17/2022 1700 ET

06/10/2022

612-336-3364LISA DRAVES

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12639522Q0187

5. SOLICITATION NUMBER

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

1 43 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

7.

2. CONTRACT NO.

EFFECTIVE DATE

1,000

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

SEE ATTACHED

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

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

2 2 of

NOTES TO QUOTERS

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

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. Include acknowledgement of any Amendments.

☐ Pricing Schedule (ATTACHED). Quotes must provide a price for all items, Base Year and Option Years 1‐4, in this solicitation to be eligible for award. The Government will award on an “All or None” basis. Alternative pricing schedules will not be considered.

☐ Capability Information. A statement of capability that demonstrates the ability to perform the work as specified.

☐ Past Performance Information. Provide at least two (2) past performance references for recent and relevant work performed by the quoter. Quotes should include the following information:

Name of client (business/entity)

Contract number

Project Description

Dates of Performance

Awarded amount

Point of Contact information (name, title, email, phone)

2. All questions must be submitted in writing to Lisa Draves at lisa.a.draves@aphis.usda.gov.

Submit questions no later than two (2) 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).

United States Department of Agriculture (USDA) Animal Plant Health Inspection Service (APHIS) National Bio and Agro Defense Facility (NBAF)

Veterinary Services (VS)

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 obtain supply of various Industrial Gases on a routine basis to maintain adequate levels required by NBAF.

3.0 CONTRACT TYPE

This is a firm fixed price contract.

The payment provided for in the contract shall constitute full compensation for providing supplies, labor, supervision, equipment, incidental materials, quality control, environmental protection, meeting safety standards, and performing all work under the contract in a complete and acceptable manner.

Except as otherwise specified in this contract, all costs associated with incidental work shall be included in the Pricing Schedule item with which that incidental work is most closely associated. 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.

Quantities specified for “Routine Supply/Delivery of Compressed Gas” and “Rush Delivery” are estimated Not To Exceed (NTE) amounts for the specified period. Payment will be made based on the actual quantities received and accepted by the Government. The Government is not obligated to pay the

Contractor for any amount more than the Not To Exceed quantities specified in the Pricing Schedule.

4. PERIOD OF PERFORMANCE

The contract period of performance consists of a Base Period and four Option years:

Base Period: Contract Award Date – September 30, 2022

Option Year 1: October 1, 2022 – September 30, 2023

Option Year 2: October 1, 2023 – September 30, 2024

Option Year 3: October 1, 2024 – September 30, 2025

Option Year 4: October 1, 2025 – September 30, 2026

4.0 SPECIFICATIONS

4.1 Cylinder Supply/Delivery/Initial Fill of Compressed Gases The contractor shall furnish and deliver resale bottles of the following Industrial Gases and sizes: Quantity: (4)EA, 75% argon, 25% CO2, 100t, 300cf; (4) each 75% argon, 25% CO2, 120s, 150cf; (4) each 90% argon, 10% CO2, 100t, 330cf; (4) each, 98% argon, 2% CO2, 100t, 330cf, (4) each 90% helium, 7.5% argon, 2.5% CO2, 100t, 330cf; (4) each 100% argon, 155q, 80cf; (4) each 100% argon, 100t, 330cf; (8) acetylene, 211wsn, 140cf; (10) each acetylene, MC 10cf; (10) each Oxygen, R 20cf; (8) each Oxygen, 100t, 330cf; (6) each Dry Nitrogen Q1, 60cf; (4) each Co2, 20lb; (2) each Dry Nitrogen, 40cf; (6) each Propane Grill bottles, 20lb; (2) each Acetylene, B 40cf within 7 days following contract award. These cylinders shall become Government Property upon delivery and will remain government property at the end of the term of this contract. Each cylinder of gas must meet the specified OSHA standards for that gas type.

4.1.1 All gases shall be 99.5% grade or better. All medical gases shall conform to specifications prescribed in the United States Pharmacopeia and the National Formulary. All medical gas manufacturers and fillers of medical gases shall be registered with the U.S. Food and Drug Administration. All medical gases shall be manufactured, processed, packed, transported, and stored according to the FDA’s Current Good Manufacturing Practice (GCMP) regulations and Title 21, Code of Federal Regulations, Parts 210, 211 and 201 for labeling. Cylinders shall comply with Department of Transportation specifications and shall be maintained, filled, marked, labeled, and delivered to comply with current DOT regulations. Empty cylinders that are picked up for refill shall be transported according to the Department of Transportation Regulations, using normal commercial practice to prevent damage to cylinders. All products, equipment, and services provided under the contract shall be in compliance with all applicable Federal, state and local regulations. Medical Safety Data Sheets shall be provided upon request.

4.1.2 Individual Agency Ownership of Cylinders

The Government will procure a total of 84 cylinders for even‐exchange cylinder refills on a recurring basis. All procured Government‐owned cylinders shall be retained by the Government upon expiration of the contract.

4.2 Routine Supply and Delivery.

4.2.1 The contractor shall changeout empty cylinders with full cylinders on an as‐ needed basis. Scheduled deliveries will be made by the Government to ensure an adequate supply of at least (4)EA, 75% argon, 25% CO2, 100t, 300cf; (4) each

75% argon, 25% CO2, 120s, 150cf; (4) each 90% argon, 10% CO2, 100t, 330cf; (4) each, 98% argon, 2% CO2, 100t, 330cf, (4) each 90% helium, 7.5% argon, 2.5%

CO2, 100t, 330cf; (4) each 100% argon, 155q, 80cf; (4) each 100% argon, 100t, 330cf; (8) acetylene, 211wsn, 140cf; (10) each acetylene, MC 10cf; (10) each

Oxygen, R 20cf; (8) each Oxygen, 100t, 330cf; (6) each Dry Nitrogen Q1, 60cf; (4) each Co2, 20lb; (2) each Dry Nitrogen, 40cf; (6) each Propane Grill bottles, 20lb;

(2) each Acetylene, B 40cf are maintained. The estimated gas consumption is

(.75)EA, 75% argon, 25% CO2, 100t, 300cf; (1) each 75% argon, 25% CO2, 120s, 150cf; (.25) each 90% argon, 10% CO2, 100t, 330cf; (.25) each, 98% argon, 2%

CO2, 100t, 330cf, (.75) each 90% helium, 7.5% argon, 2.5% CO2, 100t, 330cf;

(.75) each 100% argon, 155q, 80cf; (1) each 100% argon, 100t, 330cf; (.75) acetylene, 211wsn, 140cf; (2) each acetylene, MC 10cf; (2) each Oxygen, R 20cf;

(.75) each Oxygen, 100t, 330cf; (1.25) each Dry Nitrogen Q1, 60cf; (1) each Co2, 20lb; (.1) each Dry Nitrogen, 40cf; (.6) each Propane Grill bottles, 20lb; (.1) each

Acetylene, B 40cf cylinders per month which is expected to vary. The

Contractor shall not be required to supply more than 84 cylinders at any given time.

4.2.2 The Government Technical Point of Contact will call the contractor to schedule resupply of cylinders not more than four times per month. Additional deliveries shall be authorized only through a contract modification. Deliveries will be scheduled not later than (5) business days prior to the required delivery date with the quantity of empty and/or replacement cylinders required. Once notified, the contractor will deliver the requested cylinders within (5) business days.

4.2.3 Upon completion of the delivery/pickup, the contractor will provide the

Government Technical Point of Contact with a hard copy of the inventory of cylinders and contents delivered, along with inventory of cylinders that were picked up. An accounting of the location of Government‐owned cylinders shall be maintained by the Contractor at all times.

4.2.4 All transportation costs for pickup and delivery shall be at the expense of the contractor.

4.2.5 Cylinders shall be delivered with “Empty”, “In‐Use”, “Full” status tags attached.

Services include inspection, testing, evaluation, and cleaning at every filling

4.2.6 Rush deliveries shall be completed within one business day of notification.

5.0 Delivery of Product:

Deliveries shall be made to the following location (FOB Destination):

USDA/NBAF

1525 Discovery Way

Manhattan, KS 66502

The contractor shall provide the following information within 72 hours in advance of deliveries/pick‐ups: the delivery driver name, delivery company name, date and estimate time of arrival of deliveries for security gate access. The contractor shall load and unload at the facility’s loading docks.

The contractor shall pick‐up of the empty container in coordination with the Delivery and

Technical POCs listed below. Deliveries will not be scheduled on weekends or Federal holidays.

6.0 Delivery and Technical Points of Contact:

Wayne Rohleder

Email: wayne.rohleder@usda.gov

Phone: (785)712‐3053

Lindsey Gandy

Email: lindsey.gandy@usda.gov

Phone: (785)473‐1311

7.0 INVOICES

Invoices shall be submitted through the Invoice Processing Platform (www.ipp.gov). Payments will be made according to the firm‐fixed unit price established in the contract Pricing Schedule. Invoices shall be submitted in arrears and prepared in accordance with FAR 52.212‐4(g). Invoices shall include copies of signed receipt of all quantities delivered.

8.0 CLAUSES

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 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)

52.204‐21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

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 (SEP 2021)

52.245‐9 USE AND CHARGES

The following clauses are incorporated by full text:

52.204‐9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL. (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive‐12 (HSPD‐12), Office of Management and Budget (OMB) guidance M‐05‐24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government‐provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally‐controlled facility and/or routine access to a Federally‐controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor at any time before the contract expires. Exercise of any option shall be evidenced on a Standard Form (SF) 30.

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

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

452.204‐71 PERSONAL IDENTITY VERICATION OF CONTRACTOR EMPLOYEES (Oct 2007)

(a) The contractor shall comply with the personal identity verification (PIV) policies and procedures established by the Department of Agriculture (USDA) Directives 4620‐002 series.

(b) Should the results of the PIV process require the exclusion of a contractor's employee; the contracting officer will notify the contractor in writing.

(c) The contractor must appoint a representative to manage compliance with the PIV policies established by the USDA Directives 4620‐002 series and to maintain a list of employees eligible for a USDA LincPass required for performance of the work.

(d) The responsibility of maintaining a sufficient workforce remains with the contractor.

Contractor employees may be barred by the Government from performance of work should they be found ineligible or to have lost eligibility for a USDA LincPass. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass may be grounds for termination of the contract.

(e) The contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine unaccompanied physical access to a Federally‐controlled facility and/or routine unaccompanied access to a Federally‐controlled information system.

(f) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the COR\COTR, unless otherwise specified in this contract. The PIV Sponsor will be available to receive contractor identity information from * (hours and days) to * (hours and days) at * (office address for registration). The Government will notify the contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the contractor's responsibility to meet all aspects of paragraphs (c), (d), and (e).

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

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)

(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 products and commercial services:

(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 (NOV 2021) (Section 1634 of Pub. L. 115‐91).

(3) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (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 products and commercial services:

__ (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203‐13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 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. (NOV 2021) ( 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) 52.219‐3, Notice of HUBZone Set‐Aside or Sole‐Source Award (SEP 2021) ( 15 U.S.C. 657a).

__ (12) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (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.

__ (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 (NOV 2021) ( 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 (SEP 2021) 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.

__ (19) 52.219‐14, Limitations on Subcontracting (SEP 2021) ( 15 U.S.C. 637s).

__ (20) 52.219‐16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219‐27, Notice of Service‐Disabled Veteran‐Owned Small Business Set‐Aside (SEP 2021) ( 15 U.S.C. 657f).

_X_ (22)

(i) 52.219‐28, Post Award Small Business Program Rerepresentation (SEP 2021) ( 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 (SEP 2021) ( 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 (SEP 2021) ( 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)).

__ (26) 52.219‐33, Nonmanufacturer Rule (SEP 2021) ( 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 (JAN 2022) (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.

__ (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.

__ (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.

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

__ (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 (NOV 2021) ( 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 (MAY 2022) (Executive Order 12989).

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

__ (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).

__ (45) 52.223‐20, Aerosols (JUN 2016) (E.O. 13693).

__ (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 (NOV 2021) ( 41 U.S.C. chapter 83).

__ (49)

(i) 52.225‐3, Buy American‐Free Trade Agreements‐Israeli Trade Act (NOV

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. 400 1 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 (FEB 2021) (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 (Nov 2007) ( 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 (FEB 2021).

__ (56) 52.232‐29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232‐30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 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)).

__ (63)

(i) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (NOV 2021) ( 46 U.S.C.

55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247‐64.

__ (iii) Alternate II (NOV 2021) 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 products and commercial services:

__ (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).

__ (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 for Contractor Workers Under Executive Order

14026 (JAN 2022).

__ (8) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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 products or commercial services. 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 (NOV 2021) ( 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 (NOV 2021) (Section 1634 of Pub. L. 115‐91).

(iv) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (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 (NOV 2021) ( 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 (MAY 2022) (E.O. 12989).

(xvii) 52.222‐55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xviii) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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 (NOV 2021) ( 46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

8.0 PROVISIONS

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)

52.252‐1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov

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(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3)Is an 8(a), HUBZone, service‐disabled veteran‐owned, economically disadvantaged women‐ owned, or women‐owned small business set‐aside or sole‐source award regardless of dollar value.

(b) Submission of Quotes. Submit quotes 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 with quoters. Therefore, the quote should contain the quote’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; accept other than the lowest quote; 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.

(f) 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.

(g) Multiple awards. The Government may award any item or group of items of a quote, unless the quoter qualifies the quote by specific limitations. Unless otherwise provided in the Schedule, quoters may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the quote.

(End of Addendum)

52.212‐2 EVALUATION – COMMERCIAL ITEMS

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

(a) 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. The following factors shall be used to evaluate quotes:

(i) Price

(ii) Technical Capability

(iii) Past Performance

Quotations will be evaluated using FAR Part 13, Simplified Acquisition Procedures. Solicitations are not required to state the relative importance assigned to each evaluation factor (FAR 13.106‐1(a)(2)). Formal evaluation plans and scoring quotations are not required (FAR 13.106‐2(b)(3)).

(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 PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022)

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

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran‐owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not…