Sol_140R3023Q0025_0002.pdf
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- YAO PURCHASE FENCING MATERIAL Federal contract opportunity
- Solicitation number
- 140R3023Q0025
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| SOW_Fencing_0003.pdf | ||
| Sol_140R3023Q0025_Amd_0003.pdf | ||
| Sol_140R3023Q0025_Amd_0002.pdf | ||
| Sol_140R3023Q0025_0001.pdf | ||
| Sol_140R3023Q0025_Amd_0001.pdf | ||
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140R3023Q0025
1. REQUEST NO.
5a. ISSUED BY
NAME
a. NAME
c. STREET ADDRESS
d. CITY
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON
OR BEFORE CLOSE OF BUSINESS (Date)
2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG.1
RATING
6. DELIVERY BY (Date)
7. DELIVERY
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
PAGE OF PAGES
5b. FOR INFORMATION CALL: (No collect calls)
TELEPHONE NUMBER
AREA CODE NUMBER
8. TO:
b. COMPANY
e. STATE f. ZIP CODE
c. CITY
d. STATE e. ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
THIS RFQ
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
IS IS NOT A SMALL BUSINESS SET ASIDEX
04/19/2023 0040615394
1 8
Lower Colorado Region Regional Office 500 Fir Street
Bureau of Reclamation
Boulder City NV 89005
Multiple
Bureau of Reclamation-LC-YAO
Yuma Area Office Warehouse/Receiving 7301 Calle Agua Salada
Yuma
AZ 85364-9763
702 293-8590Harris Abellon
05/03/2023 1400 PD
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
00010 6' Chain link fence (50' per roll) 2-inch Diamonds 24 RL Product/Service Code: 5660 Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00020 6' Chain link fence (50' per roll) 2-inch Diamonds 72 RL Product/Service Code: 5660 Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Continued ...
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations
13. NAME AND ADDRESS OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
a. NAME OF QUOTER
AREA CODE
NUMBER
15. DATE OF QUOTATION
b. TELEPHONE are are not attached
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA - FAR (48 CFR) 53.215-1(a)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 8
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140R3023Q0025
Delivery: 90 Days After Receipt of Order
00030 1-5/8" 40 WEIGHT GALVANIZED PIPE - top rail 1140 FT
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00040 1-5/8" 40 WEIGHT GALVANIZED PIPE - top rail 3420 FT
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00050 1-7/8" X 9' 40 WEIGHT GALVANIZED LINE POST 147 EA
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00060 1-7/8" X 9' 40 WEIGHT GALVANIZED LINE POST 441 EA
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00070 4" X 10' 40 WEIGHT GALVANIZED CORNER/GATE POST 15 EA
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00080 4" X 10' 40 WEIGHT GALVANIZED CORNER/GATE POST 45 EA
Product/Service Code: 5660
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
3 8
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140R3023Q0025
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00090 6' x 5/8" Tension bar 24 EA
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00100 6' x 5/8" Tension bar 72 EA
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00110 1-5/8" TOP RAIL END CAPS - Pressed Steel 24 EA
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00120 1-5/8" TOP RAIL END CAPS - Pressed Steel 72 EA
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00130 4" Brace bands HEAVY DUTY 120 EA
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
4 8
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140R3023Q0025
00140 4" Brace bands HEAVY DUTY 360 EA
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00150 4" Tension bands HEAVY DUTY 120 EA
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00160 4" Tension bands HEAVY DUTY 360 EA
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00170 4" outer diamtr dome caps Pressed Steel 15 EA
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00180 4" outer diamtr dome caps Pressed Steel 45 EA
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00190 1-7/8" 45 DEGREE BARBED WIRE ARMS 147 EA
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
5 8
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140R3023Q0025
Delivery: 90 Days After Receipt of Order
00200 1-7/8" 45 DEGREE BARBED WIRE ARMS 441 EA
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00210 9 GAUGE SMOOTH TENSION WIRE 1275 FT
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00220 9 GAUGE SMOOTH TENSION WIRE 3825 FT
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00230 2 PT 12.5 gauge 5" SPC BARBED WIRE 1320' ROLL 3 EA
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00240 2 PT 12.5 gauge 5" SPC BARBED WIRE 1320' ROLL 9 EA
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00250 20' x 6 x' 1' Double swing gate 3 EA
Product/Service Code: 5660
6 8
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140R3023Q0025
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Award
00260 20' x 6 x' 1' Double swing gate 9 EA
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00270 4" X 1-7/8" 180 DEGREE GATE HINGE 12 EA
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00280 4" X 1-7/8" 180 DEGREE GATE HINGE 36 EA
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00290 Industrial Drop rod assembly 3 EA
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00300 Industrial Drop rod assembly 9 EA
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
7 8
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140R3023Q0025
00310 1-5/8" Sleeves 48 EA
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00320 1-5/8" Sleeves 144 EA
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00330 8" x 11 gauge pre cut ties 1500 EA
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00340 8" x 11 gauge pre cut ties 4500 EA
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00350 1-7/16" 9 Gauge Hog Rings staples 1200 EA
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00360 1-7/16" 9 Gauge Hog Rings staples 3600 EA
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
8 8
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140R3023Q0025
Delivery: 90 Days After Receipt of Order
00370 5/16" x 1-1/4" Galvanized Carriage Bolts with 300 EA
Matching Nuts
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
00380 5/16" x 1-1/4" Galvanized Carriage Bolts with 900 EA
Matching Nuts
Product/Service Code: 5660
Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS
Delivery: 90 Days After Receipt of Order
CLAUSES
52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODCUTS AND
COMMERCIAL SERVICES (DEC 2022)
---Addendum to 52.212-4 ---
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
FAR Clauses – https://www.acquisition.gov/far/
(End of clause)
Clause Title Date 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991
DOI-AAAP-0028 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 invoicing 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:
DO NOT UPLOAD ANY ATTACHMENTS TO IPP
*NOTE: The Contractor shall submit an electronic copy of the IPP invoice (Contractor generated invoice) to the Procurement Technician at habellon@usbr.gov once the invoice has been submitted to IPP. Failure to email the invoice may cause significant delay or possible rejection of your payment request. Contractors are cautioned that supporting documentation e-mailed to the contracting officer must not conflict with the IPP submission. Conflicts between the IPP submission and supporting documentation may result in a delay in approval and/or rejection of submitted invoices.
When e-mailing supporting documentation to the procurement technician and/or contracting officer, the subject line of the email shall be formatted as follows: Contract Number, Invoice Number, Procurement Technician and/or Contracting Officer's last name (e.g., 140R2018R00000_Invoice No. 1_Smith). The invoice shall be attached to the email and named using the following format: Contract Number, Contractor Name, Invoice Number, Invoice Amount (e.g., 140R2022R00000_World Test, Inc. - Inv. No. 1 - $5,678).
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) within 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 requirement 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 Local Clause)
---END OF ADDENDUM TO 52.212-4 ---
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS – COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (MAR 2023)
(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) 52.204-25M 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. 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 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (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)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).
[ ] (12)(i) 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).
[_] (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 2022) (15 U.S.C. 637(d)(2) and (3)).
[ ] (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2022) (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 (Nov 2016) of 52.219-9.
[_](iv) Alternate IV (Sep 2021) of 52.219-9.
[_] (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
[_] (i) Alternate I (Mar 2020) of 52.219-13.
[_] (19) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637(a)(14)).
[_] (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 (Oct 2022) (15 U.S.C. 657 f).
[X] (22) 52.219-28, Post Award Small Business Program Representation (Mar 2023) (15 U.S.C.
632(a)(2)).
[_] (i) 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 (Oct 2022) (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 (Oct 2022) (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) 52.2192-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637 (a)(17)).
[X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
[X] (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Dec 2022) (E.O. 13126).
[X] (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
[X] (30) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
[_] (i) Alternate I (Feb 1999) of 52.222-26.
[ ] (31) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
[_] (i) Alternate I (Jun 2014) of 52.222-14.
[X] (32) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
[_] (i) Alternate I (Jul 2014) of 52.222-3628.
[ ] (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
(E.O. 13496).
[X] (35)(i) 52.222-50, Combating Trafficking in Persons (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 items as prescribed in 22.1803.)
[_](37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[_] (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[_](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 (Jun 2014) 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 (Jun 2016)(E.O. 13693) [_](47)(i)52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
[_] (ii) Alternate I (Jan 2017) of 52.224-3.
[X] (48) 52.225-1, Buy American—Supplies (Oct 2022) (41 U.S.C. chapter 83).
[X] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (Dec 2022) (41 U.S.C.
chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
[_] (ii) Alternate I [Reserved].
[_] (iii) Alternate II (Dec 2022) of 52.225-3.
[_] (iv) Alternate III (Jan 2021) of 52.225-3.
[_] (50) 52.225-5, Trade Agreements (Dec 2022) (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. 2302 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).
[_] (55) 52.229-14, Tax on Certain Foreign Procurements (Feb 2021).
[_] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[_](57) 52.232-30, Installment Payments for Commercial Items (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 (Oct 2018)
(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)(12)).
[_] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46
U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
[_] (ii) Alternate I (Apr 2003) of 52.247-64.
[_] (ii) 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. chapter 67).
[_] (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) (29 U.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 Under Executive Order 13658 (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, 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 and 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 Lan 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 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
(vii) 52.222-26, Equal Opportunity (Sept 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 (August 2018) (41 U.S.C. chapter 67).
(xiii) _X_(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 (May 2014) (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 (Nov 2021) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
---END OF CLAUSES ---
PROVISIONS
52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES - (MAR 2023)
---Addendum to 52.212-1 ---
This addendum replaced the term “offer” with “quote” within the provision 52.212-1.
In addition to the requirements of the Instructions to Offerors - Competitive Acquisitions provision of this solicitation, each offeror shall submit a quote in accordance with the instructions contained in this provision.
1) To assure timely and equitable evaluation of quotations, vendors must submit all data and information in the instructions contained herein. Vendors are required to meet all RFQ requirements, including terms and conditions, and those identified as evaluation factors. Failure to meet a requirement may result in a quote being ineligible for award. The Government intends to award without discussions but reserves the right to conduct discussions if necessary. Vendors must clearly identify any exceptions to the RFQ’s terms and conditions and provide complete rationale. Quotes must be complete, self-sufficient, and respond directly to the requirements of this RFQ, alternate offers will not be accepted. Quotes shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims.
2) Upon examination of the initial responses, the contracting officer will review this determination and if, in the contracting officer’s opinion, adequate price competition exists, no additional data will be requested. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists, vendors may be required to submit other than certified cost data to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.
3) If this solicitation is amended, all terms and conditions that are not amended remain unchanged and in full force and effect. Vendors shall acknowledge receipt of any amendment and provide confirmation upon submission of the offeror’s quote.
4) Quote Instructions:
a) Price – Insert proposed unit price and total price for all CLINS included in the solicitation.
Identify and include all applicable discounts as the quote shall reflect best and final pricing.
b) Delivery – The delivery date shall be 21 to 90 days after receipt of order. Provide a proposed delivery date in your quote.
5) The Government intends to award a single Firm-Fixed Price purchase order. Note to vendors:
The Government reserves the right to cancel this RFQ, either before or after the closing date. In the event the Government cancels this RFQ, the Government has no obligation to reimburse a vendor for any costs.
6) Period of acceptance of quotes. The vendor agrees to hold prices in its quote firm for a minimum of 45 days from the date specified for receipt of quotes. Vendors shall make a clear statement in the Pricing Schedule regarding quote validity.
7) Submit the following information:
(a) Unique Entity Identifier (UEI): ______________
(b) Contractor E-mail Address: ______________________________
52.252-1 PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more provision 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):
FAR Provisions – https://www.acquisition.gov/far/
(End of provision)
Clause Title Date 52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Maintenance AUG 2020
DIAR 1452.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMATION—DEPARTMENT
OF THE INTERIOR - (APR 1984)
(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C. 552), the following terms shall have the meaning set forth below:
(1) 'Trade Secret' means an unpatented, secret, commercially valuable plan, appliance, formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities.
(2) 'Confidential commercial or financial information' means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption (4), which covers 'commercial and financial information obtained from a person and privileged or confidential,' and exemption (9), which covers 'geological and geophysical information, including maps, concerning wells.'
(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act, (5 U.S.C. 552), the cover page of each copy of the proposal shall be marked with the following legend:
'The information specifically identified on pages _______ of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the Government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract.
c The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend:
'This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal.'
(d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that (i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction.
(e) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under the Freedom of Information Act, the offeror will be notified of this determination prior to disclosure of the information.
(f) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government. However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by the Government as evidence that the information is not exempt from disclosure under the Freedom of Information Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error.
(End Provision)
---END OF ADDENDUM TO 52.212-1 ---
52.212-2 EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES -
(NOV 2021)
The Government will award a fixed-price purchase order, resulting from this RFQ, to the responsible vendor whose quote provides the best benefit to the Government, price and other factors considered. A comparative evaluation will be performed in accordance with FAR 13.106-2(b)(3). Quotes will be evaluated by performing a direct comparison of one quote to another in a uniform manner to determine which quote provides the government’s need as identified in the RFQ. Each quote shall be evaluated based on Delivery and Price.
At a minimum, quotes must meet the RFQ Specifications. Quotes may exceed the government’s need and the government reserves the right to consider such quotes. However, the government is not required to select a quote that exceeds the minimum need but does have the discretion to accept other than the lowest price quote, provided the quote offers additional benefit to the government.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL
PRODUCTS AND COMMERCIAL SERCIES - (DEC 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, 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 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 veterans or, 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 its field of operation, 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 less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women Women-owned small business concern means a small business concern—
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), 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 the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically…
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