Sol_140P8224Q0041.pdf
PDF 1 MB Posted
- Attached to
- NPSA Boat Engines Federal contract opportunity
- Solicitation number
- 140P8224Q0041
About this file
This document is a Combined Synopsis/Solicitation for a Request for Quotation (RFQ) to replace the boat engines on three National Park of American Samoa (NPSA) vessels - the R/V Malie, R/V Poge, and M/V Moana.
The key details are:
- The National Park Service (NPS) requires the contractor to install six new boat engines and associated steering systems on the three NPSA vessels. The new engines must have improved capabilities over the existing engines, which can no longer be serviced locally.
- The contractor must be a certified service center for the installed engines and ensure the engines can be maintained on the island of Tutuila, American Samoa over their lifespan.
- The period of performance is from 8/16/24 to 12/14/24, with a required delivery date of 12/14/2024.
- This is a total small business set-aside under NAICS code 336612, with a small business size standard of 1,000 employees.
- Quotes are due by 11:59 PM HT on August 2, 2024 and must be emailed to the Contract Specialist.
- Award will be made based on a comparative evaluation of the three lowest priced, technically acceptable offers.
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Text version
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
PPP
Honolulu HI 96850 Box 50165 300 Ala Moana Blvd, Room 6-226
NPS, PWR - HONO MABO
0009060662 CODE 16. ADMINISTERED BYCODE
X
X
X
336612
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORPPP
REQUEST FOR
PROPOSAL
(RFP)
INVITATION
FOR BID (IFB)
10. THIS ACQUISITION ISCODE
REQUEST FOR
QUOTE (RFQ)
14. METHOD OF SOLICITATION
13b. RATING
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS):
SMALL BUSINESS
08/07/2024 2359 HT
07/22/2024
3605696501Christine Tapp (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140P8224Q0041
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 40 0040670578OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
Pago Pago AS 96799 Halecks Building, Tafuna
DO NOT USE
15. DELIVER TO
Honolulu HI 96850 Box 50165 300 Ala Moana Blvd, Room 6-226
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 FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
8(A)
NPS, PWR - HONO MABO
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
An active SAM.gov registration is required to be considered for a contract award. No contractor will be considered for award that does not have an active SAM.gov registration at the time of quote submission. Your quote will be considered unresponsive, and your quote will not be considered for an award. Please validate your SAM.gov registration prior to submitting a quote to ensure your company is actively registered.
Request for Quotation Description: NPSA Boat (Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
Edward Cortez
. 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 (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Government Use Only)
OFFER
STANDARD FORM 1449 (REV. 11/2021)
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: REFERENCE
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. 11/2021) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Engines
Specifications: See Statement of Work
Delivery Location: Island of Tutuila, American
Samoa
The estimated period of performance: 8/16/24 to
12/14/24
Please see Instructions to Offerors for the checklist for quote submittal items. Please ensure all checklist for quote submittal items.
Please ensure all checklist items are completed, otherwise your quote will be found unresponsive, and your quote will not be considered for an award.
Delivery: 12/14/2024
Period of Performance: 08/16/2024 to 12/14/2024
00010 Malie Boat Engine Replacement 1 EA
The Contractor shall provide all labor, tools, and parts, necessary to purchase and install two new engines and the associated steering system on the R/V Malie.
Delivery Location: Island of Tutuila, American
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
40 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 40
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140P8224Q0041
Samoa
Product/Service Code: 2010
Product/Service Description: SHIP AND BOAT
PROPULSION COMPONENTS
00020 Poge Boat Engine Replacement 1 EA
The Contractor shall provide all labor, tools, and parts, necessary to purchase and install two new engines and the associated steering system on the R/V Poge.
Delivery Location: Island of Tutuila, American
Samoa
Product/Service Code: 2010
Product/Service Description: SHIP AND BOAT
PROPULSION COMPONENTS
00030 Moana Boat Engine Replacement 1 EA
The Contractor shall provide all labor, tools, and parts, necessary to purchase and install two new engines and the associated steering system on the M/V Moana
Delivery Location: Island of Tutuila, American
Samoa
Product/Service Code: 2010
Product/Service Description: SHIP AND BOAT
PROPULSION COMPONENTS
National Park Service Point of Contact:
Edward Cortez, Contracting Officer, 808-699-8747
/ edward_cortez@nps.gov
Christie Tapp, Contract Specialist, 360-869-3670
/ christine_tapp@nps.gov
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
COMBINED SYNOPSIS/SOLICITATION
Purchase Order (PO) to Replace Boat Engines for National Park of the American Samoa (NPSA)
(I) This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
(II) This combined synopsis/solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number 140P8224Q0041.
(III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular Number: 2024‐05, Effective Date: 05/22/2024.
(IV) This solicitation is being issued as a Total Small Business Set‐Aside NAICS Code: 336612 Small Business Size Standard: 1,000 Employees
(V) List of line‐item(s)
Contract Line‐Item Number (CLIN)
Description
Extended Price
00010 Malie Boat Engine Replacement $
00020 Poge Boat Engine Replacement $
00030 Moana Boat Engine Replacement $
Total Price
Noted: Quoted pricing shall be held valid for at least 60 days. Please ensure quotes clearly communicate how long quotes are valid.
(VI) Description of requirements is as follows: The Contractor shall provide all labor, tools, and parts, necessary to purchase and install engines for Malie, Poge and Moana Boats. See Statement of Work.
(VII) The contractor will be notified of the delivery date upon contract award. The anticipated delivery date is 120 days after award.
(VIII) FAR 52.212‐1, Instructions to Offerors ‐‐ Commercial Products and Commercial Services, applies to this acquisition.
Checklist for quote submittal:
CHECKLIST ITEM INCLUDED
(YES/NO)
A completed copy of this Instruction to Offerors page as the first page of your quote.
Signed acknowledgement of the Standard Form 1449 (SF 1449) by an authorized company Representative.
For each Contract Line‐Item Number (CLIN), complete the associated SF 1449 Blocks 21 through 24 and/or complete the above section V with offered pricing.
Signed amendments (Standard Form 30/SF‐30), if applicable
Provide all documents referenced by the preceding Award Selection Process above and contract clause 52.212‐2, Evaluation – Commercial Products and Commercial Services found in the sheets to follow.
Completed Provisions (Including 52.204‐24, 52.204‐26, and others, as applicable.) You may use the provisions included within this solicitation to complete this checklist item. The provision elements requiring offeror inputs have been highlighted below.
Confirm active SAM.gov registration. This is required to be considered for award.
Provide company name, POC, phone number, email address and SAM.gov UEI number
(IX) Evaluation Criteria
In accordance with FAR Part 13.106-2(b)(3), the evaluation will be conducted through comparative evaluation of offers. This solicitation is not stating nor required to state the relative importance assigned to each evaluation factor and, if applicable, sub-factor in accordance with FAR 13.106-1(a)(2). The Government shall evaluate only the three (3) lowest priced offers received, unless offers are received where: (1) the offer fails to meet administrative requirements of the solicitation, to include, but not limited to, an Offeror not being SAM.gov registered or failing to transmit all signed amendments; (2) pricing is found to be not fair and/or unreasonable;
(3) the offer is found to be technically unacceptable; (4) past performance is determined to be unacceptable; or (5) any combination of the previously stated conditions. If an offer is found to meet any of the previously stated conditions that offer will be removed from award consideration and the Contracting Officer will consider the next lowest priced offer in place of the removed offer. Should offers be received that are the same price, all offers of that price will be considered for evaluation.
The Government does not contemplate entering interchanges. Offerors are advised to provide their best offer as their initial offer, to include a best initial offer that reflects the Offeror’s best pricing and technical solution that satisfy the requirements of the solicitation.
Evaluation Factors The following factors shall be used to evaluate offers:
1. Price: The sum of each CLIN extended price will be evaluated as the total price used for evaluation. Pricing shall contemplate all services necessary to satisfy the Government’s requirements as captured this combined synopsis/solicitation.
2. Technical: Offerors shall provide a clearly identified project narrative for the purpose of comparative evaluation. Limit the project narrative to one page, which at a minimum, shall addresses the following:
Explain in sufficient detail how the offeror intends to successfully complete the requirements identified in this combined synopsis/solicitation prior to the required delivery date or within the period of performance.
Explain in sufficient detail whether the offeror intends to self‐perform or sub‐contract the work. If sub‐contracting, provide the specific sub‐contractor’s information and a breakdown of which tasks will be performed by each firm.
3. Past Performance: Provide at least three recent and relevant contracts for the same or similar items and references. Include contract numbers, points of contact with telephone numbers and other relevant information. The projects must have been performed within the past five years to be considered recent.
Comparative Evaluation of Offers
Prior to making award of this contract, the offeror's proposal will be reviewed for the following:
1. Technical Responsiveness: By submission of its offer, the offeror assents to the terms and conditions in this solicitation document and in any attachments hereto. The Government will assess whether the offer proposed satisfies in an acceptable manner all solicitation requirements.
2. Price Reasonableness: The Contracting Officer shall estimate the fair market price of the work to be performed. In estimating the fair market price, the Contracting Officer shall use cost or price analysis and consider other quotes received, commercial prices for similar products and services, available in‐house cost estimates, data (including cost or pricing data) submitted by the SBA, and data obtained from any other Government agency. If multiple contract line items are included in the price schedule, prices will also be evaluated to determine whether any line items are unbalanced. Offerors are cautioned to distribute costs appropriately. Pricing will be evaluated based on what is determined to be the best value to the Government. The Contracting Officer will determine whether the final price is fair and reasonable.
3. Past Performance: Regardless of whether past performance is included as an evaluation factor or sub‐ factor, the Government shall perform a review of a prospective awardee’s past performance information.
This review may be limited to a review of the prospective awardee’s past performance information available on SAM.gov or may entail a more thorough review of the other past performance information available to the Contracting Officer.
(X) The quoter shall include a completed copy of the provision at 52.212‐3, Offeror Representations and Certifications‐Commercial Products and Commercial Services, with its quote.
(XI) The clause at FAR 52.212‐4, Contract Terms and Conditions‐Commercial Products and Commercial Services, applies to this acquisition.
(XII) The clause at FAR52.212‐5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders‐Commercial Products and Commercial Services, applies to this acquisition.
(XIII) The Government intends to award a Purchase Order resulting from this solicitation.
(XV) Quotes are required to be received in the contracting office no later than 11:59 P.M. HT on August 2, 2024.
All quotes must be emailed to the attention of Christie Tapp. The email address is Christine_Tapp@nps.gov.
CLAUSES
FAR 52.252‐2 ‐‐ Clauses Incorporated by Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/
(End of Clause)
The following clauses pertinent to this section are hereby incorporated by reference:
FAR 52.204‐13 System for Award Management Maintenance (Oct 2018) FAR 52.204‐18 Commercial and Government Entity Code Maintenance (Aug 2020) FAR 52.204‐19 Incorporation by Reference of Representations and Certifications (Dec 2014) FAR 52.209‐10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) FAR 52.232‐39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232‐40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) FAR 52.237‐2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)
Clauses in Full Text:
FAR 52.212‐5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—
Commercial Products and Commercial Services. (May 2024)
(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 Covered Entities (Dec 2023) (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) 52.232‐40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.
3903 and 10 U.S.C. 3801).
(6) 52.233‐3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).
(7) 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. 4655).
__ (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) 52.203‐17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
_X_ (5) 52.204‐10, Reporting Executive Compensation and First‐Tier Subcontract Awards (Jun 2020) (Pub. L. 109‐282) ( 31 U.S.C. 6101 note).
__ (6) [Reserved].
__ (7) 52.204‐14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111‐117, section 743 of Div. C).
__ (8) 52.204‐15, Service Contract Reporting Requirements for Indefinite‐Delivery Contracts (Oct 2016) (Pub. L. 111‐117, section 743 of Div. C).
_X_ (9) 52.204‐27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117‐328).
__ (10) 52.204‐28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi‐Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title
II).
_X_ (11) (i) 52.204‐30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).
__ (ii) Alternate I (Dec 2023) of 52.204‐30.
_X_ (12) 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).
__ (13) 52.209‐9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).
__ (14) [Reserved].
_X_ (15) 52.219‐3, Notice of HUBZone Set‐Aside or Sole‐Source Award (Oct 2022) ( 15 U.S.C. 657a).
__ (16) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).
__ (17) [Reserved] _X_ (18) (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.
__ (19) (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.
__ (20) 52.219‐8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)).
__ (21) (i) 52.219‐9, Small Business Subcontracting Plan (Sep 2023) ( 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 2023) of 52.219‐9.
__ (22) (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.
__ (23) 52.219‐14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).
__ (24) 52.219‐16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).
_X_ (25) 52.219‐27, Notice of Set‐Aside for, or Sole‐Source Award to, Service‐Disabled Veteran‐Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) ( 15 U.S.C. 657f).
_X_ (26) (i) 52.219‐28, Post Award Small Business Program Rerepresentation (Feb 2024) ( 15 U.S.C.
632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219‐28.
_X_ (27) 52.219‐29, Notice of Set‐Aside for, or Sole‐Source Award to, Economically Disadvantaged Women‐Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).
_X_ (28) 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 (Oct 2022) ( 15 U.S.C. 637(m)).
__ (29) 52.219‐32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).
__ (30) 52.219‐33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).
_X_ (31) 52.222‐3, Convict Labor (Jun 2003) (E.O.11755).
_X_ (32) 52.222‐19, Child Labor‐Cooperation with Authorities and Remedies (Feb 2024).
_X_ (33) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (34) (i) 52.222‐26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222‐26.
_X_ (35) (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_ (36) (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_ (37) 52.222‐37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (38) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (39) (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).
_X_ (40) 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.)
__ (41) (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.)
__ (42) 52.223‐11, Ozone‐Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (43) 52.223‐12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (44) 52.223‐20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (45) 52.223‐21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (46) 52.223‐23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C.
6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
__ (47) (i) 52.224‐3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224‐3.
__ (48) (i) 52.225‐1, Buy American‐Supplies (Oct 2022) ( 41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225‐1.
__ (49) (i) 52.225‐3, Buy American‐Free Trade Agreements‐Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501‐ 4732), Public Law 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 [Reserved].
__ (iii) Alternate II (Dec 2022) of 52.225‐3.
__ (iv) Alternate III (Feb 2024) of 52.225‐3.
__ (v) Alternate IV (Oct 2022) of 52.225‐3.
__ (50) 52.225‐5, Trade Agreements (NOV 2023) ( 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. Subtitle A, Part V, Subpart G Note).
__ (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 (Nov 2007) ( 42 U.S.C. 5150).
_X_ (55) 52.226‐8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).
__ (56) 52.229‐12, Tax on Certain Foreign Procurements (Feb 2021).
__ (57) 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. 3805).
__ (58) 52.232‐30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
_X_ (59) 52.232‐33, Payment by Electronic Funds Transfer‐System for Award Management (Oct2018) ( 31 U.S.C. 3332).
__ (60) 52.232‐34, Payment by Electronic Funds Transfer‐Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).
__ (61) 52.232‐36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).
__ (62) 52.239‐1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
__ (63) 52.242‐5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).
__ (64) (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) 52.203‐17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).
(iii) 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)).
(iv) 52.204‐23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115‐91).
(v) 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).
(vi) 52.204‐27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117‐328).
(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub.
L. 115–390, title II).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 52.219‐8, Utilization of Small Business Concerns (Feb 2024) ( 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.
(ix) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.222‐26, Equal Opportunity (Sep 2015) (E.O.11246).
(xi) 52.222‐35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xii) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
(xiii) 52.222‐37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xiv) 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.
(xv) 52.222‐41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xvi) (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).
(xvii) 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).
(xviii) 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).
(xix) 52.222‐54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xx) 52.222‐55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xxi) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii) (A) 52.224‐3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224‐3.
(xxiii) 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.
Subtitle A, Part V, Subpart G Note).
(xxiv) 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.
(xxv) 52.232‐40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232‐40.
(xxvi) 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.
(End of clause)
DEPARTMENT OF INTERIOR ACQUISITION REGULATION (DIAR) CLAUSES:
DIAR 1452.203‐70 Restriction on Endorsements (Jul 1996)
The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205‐1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.
(End of clause)
DIAR 1452.201‐70 Authorities and Delegations (Sept 2011)
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
(c) The COR is not authorized to perform, formally or informally, any of the following actions:
(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;
(2) Waive or agree to modification of the delivery schedule;
(3) Make any final decision on any contract matter subject to the Disputes Clause;
(4) Terminate, for any reason, the Contractor's right to proceed;
(5) Obligate in any way, the payment of money by the Government.
(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.
The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph
(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.
(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.
(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.
(End of clause)
DIAR 1452.233‐2 Service of Protest – Department of the Interior (Deviation) (Jul 1996)
(A) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Edward Cortez (Edward_Cortez@nps.gov).
(B) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(C) A copy of the protest served on the Contracting Officer shall be simultaneously furnished by the protester to the Department of the Interior Assistant Solicitor, Acquisitions and Intellectual Property, 1849 C Street, NW, Room 6511, Washington, DC 20240.)
DEPARTMENT OF INTERIOR (DOI) LOCAL CLAUSES:
Electronic Invoicing and Payment Requirements ‐ Invoice Processing Platform (IPP) (APR 2013)
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212‐4 Contract Terms and Conditions ‐ Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice.
a. Proper invoice. A complete copy of each invoice, which includes the Contract award number, period of performance, invoice number, Contractor name and address, and all other required documents must be attached in IPP.
b. The Contractor’s request should be submitted to the Contracting Officer’s Representative (COR) and to the Contracting Officer concurrently. Each request for progress payments should include the following substantiation:
1. An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.
2. A listing of the amount included for work performed by each subcontractor under the contract (if any).
(3) Additional supporting data in a form and detail required by the Contracting Officer, as applicable.
c. If an IPP invoice is submitted without the attached invoice, the IPP submission will be rejected and the contractor will be required to re‐submit said invoice.
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 ‐ 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973‐3131. If the Contractor is unable to comply with the requirements to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
(End of clause)
SOLICITATION PROVISIONS
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:
https://www.acquisition.gov/
(End of provision)
The following provisions pertinent to this section are hereby incorporated by reference:
FAR 52.203‐18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality
Agreements or Statements‐Representation (Jan 2017) FAR 52.204‐7 System for Award Management (Oct 2018) FAR 52.204‐16 Commercial and Government Entity Code Reporting (Aug 2020) FAR 52.204‐17 Ownership or Control of Offeror (Aug 2020) FAR 52.204‐20 Predecessor of Offeror. (Aug 2020) FAR 52.204‐22 Alternative Line‐Item Proposal (Jan 2017) FAR 52.209‐2 Prohibition on Contracting with Inverted Domestic Corporations‐Representation (Nov 2015) FAR 52.204‐26 Covered Telecommunications Equipment or Services‐Representation (Oct 2020) FAR 52.225‐25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to
Iran—Representation and Certifications (Jun 2020
PROVISIONS IN FULL TEXT:
FAR 52.209‐11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113‐235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that–
(1) It is □ is not □ a corpora on that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is □ is not □ a corpora on that was convicted of a felony criminal viola on under a Federal law within the preceding 24 months.
(End of provision)
FAR 52.212‐3 Offeror Representations and Certifications‐Commercial Products and Commercial Services
(May 2024)
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, and the concern is certified by SBA or an approved third‐party certifier in accordance with 13 CFR 127.300. 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 (SDVOSB) concern means a small business concern— (1)
(i) Not less than 51 percent of which is owned and controlled 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)…
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