Subsistence_1st_qtr_2020.pdf

Dear Offeror:

U.S. Department of Justice Federal Bureau of Prjsons FederalCorrecdonallnsdtudon 501 CapHal Orcle NE Tallahassee, FL 32301

August 13, 2019

Enclosed is a solicitation package prepared by the Federal Bureau of Prisons, Federal Correctional Institution, Tallahassee, Florida, Contracting Office, for the acquisition of various food products for our facility. This package contains all the necessary information for submitting a request for quote for evaluation.

In submitting the request for quote, quoters should consider all information provided herein. Please carefully follow all instructions located in the solicitation package concerning the content, format and submission of your quote.

All potential quoters are advised that this solicitation includes the clause 52.204-7 for Commercial Items, System for Award Management (SAM). This clause requires all contractors doing business with the Federal Government to be registered in the SAM database. Quoters should include their Data Universal Numbering System (DUNS) number in their offers. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardee's DUNS number into the SAM database. This information is included in this solicitation in the provision FAR 52.212-1, Instructions to Offerors-Commercial Items. Failure to complete the registration procedures outlined in this solicitation, may result in elimination from consideration for award.

Offers shall be received on or before the deadline of August 29, 2019, by 12:00 p.m. Eastern Standard Time, via email (Cstraughn@bop.gov), or mail. Email is preferred. Mailed quotes shall be submitted to the following address:

Cliff Straughn, Contract Specialist Federal Bureau of Prisons Federal Correctional Institution 501 Capital Circle NE Tallahassee, FL 32301

HAND CARRIED:

Cliff Straughn, Contract Specialist Federal Bureau of Prisons Federal Correctional Institution

501 Capital Circle NE Tallahassee, FL 32301

PLEASE DO NOT SUBMIT QUOTES TO ANY LOCATION OTHER THAN THE ONE LISTED

ABOVE. Quotes received after the deadline will not be considered. Any quote that alters my specifications will not be considered. If your company receives a purchase order, sign and return a copy.

Please e-mail any questions you may have to Cstraughn@bop.gov. We will consider all questions received and provide responses, where appropriate.

Sincerely, Cliff Straughn Contract Specialist Enclosure

SUBJECT: PGD 14-02-Class Deviation Related to Restrictions on Use ofFY 2014 Funds ( continued)

Attachment l

Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability (Deviation 2014-01) (November 2013)

(a) In accordance with sections 536 and 537 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2014 (Title II, Division B, Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation -

(I) 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 further action is not necessary to protect the interests of the Government, or

(2) 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, 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 this further action is not necessary to protect the interests of the Government.

(b) The offeror represents that, as of the date of this offer -

(I) the offeror is [ ] is not [ ] a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and,

(2) the offeror is [] is not [] a corporation that has any unpaid Federal or State 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.

(End of Provision)

15B31420Q00000005 Page 1 of 27

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

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

2. CONTRACT NO. 3. AWARD/EFFECTIVE 14. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE DATE

I 5B31420Q00000005 08/13/2019

7. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

INFORMATION CALL: TIME

Cliff Straughn Cstraughn@bop.gov 850-878-2173 08/29/2019 12:00:00

9. ISSUED BY CODE I t5B314 10. THE ACQUISITION IS • UNRESTRICTED OR ~ SET ASIDE: %FOR

Federal Bureau of Prisons 0 SMALL BUSINESS • WOMEN-OW NED SMALL BU SINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

FCI Tallahassee • HUBZONE SMALL

SMALL BU SINESS PROGRAM

NAICS: 311999

501 CAPITAL CIRCLE NE BU SINESS • EOWOSB

• SERVICE·DI SABLEO SIZE STANDARD: 500

TALLAHASSEE, FL 32301 VETERAN-OWNED • SMALL BU SINESS 8(A) Employees

11 . DELIVERY FOR FOB DESTINATION 12. DISCOUNT TERMS 13b. RATING

UNLESS BLOCK IS MARKED

13a. THIS CONTRACT IS A

NET /S- • RATED ORDER UNDER DPAS • SEE (15 CFR 700) 14. METHOD OF SOLICITATION

SCHEDULE ~RFQ • IFB • RFP

15. DELIVER TO CODE I 15B314 16. ADMINISTERED BY CODE I 15B314

Federal Bureau of Prisons Federal Bureau of Prisons FCI Tallahassee FCI Tallahassee

501 CAP IT AL CIRCLE NE 501 CAPITAL CIRCLE NE

TALLAHASSEE, FL 32301 TALLAHASSEE, FL 32301

17a. CONTRACTOR/ CODE' I FACILITY I 18a. PAYMENT WILL BE MADE BY CODE I 15B314

OFFEROR CODE

Federal Bureau of Prisons FCI Tallahassee

501 CAP IT AL CIRCLE NE

TALLAHASSEE, FL 32301

TELEPHONE NO. • 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICE~ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED SEE ADDENDUM

l 19.

-;; ~ i . 20 "' fB}l?(i;p 't;/ , 21. ::;, 1•ri~i" 23.

24.

ITEM NO. } SCHEDULE OF SUPPLIE~fSER\/1. '!!_,, ;, ' QUANTITY UNIT PRICE c \'" AMOUNT

Solicitation for Subsistence 1st qtr 2020, starting October 1, 2019 to December 31 , 2019. Delivery between October 1, 2019 to October 31, 2019, 8:00A.M. to 2:00P.M.

Monday thru Thursday

See Continuation Sheet( s) ( Use Reverse ondlor At1ach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only )

~ 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA H ARE 1::1 ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

• 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN_ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

• 29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5)

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, TERMS AND CONDITIONS SPECIFIED. IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31 a. UNITED STATES OF AMERIC~ CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30c. DATE SIGNED 31 b. NAME OF THE CONTRJttl'l"ING OFFIQ!:R (TYPE OR PRINT) 31c. DATE SIGNED

Clifton Straughn 08/07/2019

STANDARD FORM 1449 (REV. 2/201 2)

Prescribed by GSA- FAR (48 CFR) 53.212 j

15B31420Q00000005 Page 2 of 27

19. 20. 21 . 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

• RECEIVED • INSPECTED • ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ____________ _

32b. SIGNATURE OF AUTHORIZED GOVERNMENT 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

OcoMPLETE • PARTIAL • FINAL

I PARTIAL I IFINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41 a . I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41 c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YYIMM/00) 142d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

15B31420Q00000005 Page 3 of 27

Table of Contents

Description Page Number

Solicitation/Contract Form ....... ..... .. ............. ....... ..... ... .......... .. ... ....................... ................. ... .... .. ....... ... .. ... ..... l Commodity or Services Schedule Contract Clauses

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-- Commercial Items (May 2019)

List of Attachments Solicitation Provisions

52.212-3 Offeror Representations and Certifications--Commercial Items (Oct 2018)

Section 2 - Commodity or Services Schedule

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

SUPPLIES/SERVICES QUANTITY UNIT

Beans, Dry, Lentils, Whole, U.S. Grade 1 - 3 1,250.000000 LB

Beans, Black Eyed Peas, Canned , In Brine, Meatless. (CID A- A-20134C, Type 1, Class F, Style 1 ). 6/#10 cans per case

49.000000 cs

Beans, Black, Canned, In Brine, Meatless. (CID A-A-20134C, Type 224.000000 cs I, Class Kor Type IV, Class A; Style 1 ). 6/#10 cans per case

Rice, U.S. Grade 1 or 2, Long Grain MILLED Rice, Parboiled Light 25,000.000000 LB ( 25 lb box)

Pasta, Lasagna Noodles, Curl or Flat Form, Whole Wheat Blend, 600.000000 LB Whole Wheat, or Regular. (CID A-A-20062E, Type VIII, Class 1 of 2, Style A, 8 , or C). Enriched in accordance with the requirements as specified in 21 CFR 139.115 and 21 CFR 139.1 35. 1 lb to 40 lb sealed bags.

Pasta, Penne, Whole Wheat Blend , Whole Wheat, or Regular. 500.000000 LB (CID A-A-20062E, Type XIV, Style A, 8 , or C). Enriched in accordance with the requirements as specified in 21 CFR 139.115 and 21 CFR 139.135. 1 lb to 40 lb sealed bags.

Pasta, Spaghetti , Long Form, Whole Wheat Blend , Whole Wheat, 5,000.000000 LB or Regular. (CID A-A-20062E, Type VI, Style A, 8, or C). Enriched in accordance with the requirements as specified in 21 CFR 139.115 and 21 CFR 139.1 35.

1 lb to 40 lb sealed bags.

Pasta, Macaroni, Ziti Form, Whole Wheat Blend, Whole Wheat, or 600.000000 LB Regular. (CID A-A-20062E, Type XIII , Style A, 8, or C). Enriched in accordance with the requirements as specified in 21 CFR 139.115 and 21 CFR 139.135.

1 lb to 40 lb sealed bags.

Cereal, Prepared, Ready to Eat, Wheat, Bran Flakes, made from 3,500.000000 LB Whole grains or combination of whole and refined grains. (CID A- A-20000D, Type I, Class 5, Grain

Composition A). Bulk package range 12 to 40 lb case. Specify case weight on bid .

Soy Protein Products (SPP), Meat Flavor, Bits or Crumbles. Soy 250.000000 LB Protein Products (SPP) covered by this specification are food products produced by the reduction or removal from soybeans of certain of the major non-protein constituents (water, oil , carbohydrates) in a manner to achieve a protein content of: - in the case of soy protein flour (SPF) 50% or more and less than 65%; - in the case of soy protein concentrate (SPC) 65% or more and less than 90%; - in the case of soy protein isolate (SPI) 90% or more. The protein content is calculated on a dry weight basis excluding added vitamins, minerals, amino acids and food additives. Product comes dehydrated, in bulk packaging.

Product will not contain any animal by products or ingredients.

Base Period

Margarine, Bulk, All Vegetable. Margarine shall comply with all 1,500.000000 LB applicable Federal regulations including those contained in the Food and Drug Standard of Identity for Margarine (21 CFR Part 166) and must conform to USDA Specifications for Vegetable Oil Margarine. Margarine shall be made from one or more of the following vegetable oils; canola, safflower, sunflower, corn, soybean, or peanut oil. Margarine contains not less than 80% fat.

Margarine, Reddies, All Vegetable. 90 patties per lb on paper chips, 12 lbs per case. Margarine shall comply with all applicable

100.000000 cs

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UNIT PRICE AMOUNT

15B31420Q00000005 Page 5 of 27

Federal regulations including those contained in the Food And Drug Standard of Identity for Margarine (21 CFR

Part 166) and must conform to' USDA Specifications for Vegetable Oil Margarine. Margarine shall be made from one or more of the following vegetable oils: canola, safflower, sunflower, corn, soybean, or peanut oil. Margarine contains not less than 80% fat.

0013 Mustard, Prepared , Yellow (Salad Style). (CID A-A-20036C, Type 50.000000 cs $ $ I). 4/1 Gallon plastic containers per case.

0014 Pickle, Relish, Sweet (mild or regular), Bulk, Cured. Product will 20.000000 cs $ $ comply with the United States Standards for Grades of Pickles (55 FR 11905). Grade A or B. 4/1 Gallon Plastic Containers per case.

0015 Sugar, Brown, Light or Dark (CID A-A-20135D, Type 11, Style A or 1,000.000000 LB $ $ B)

0016 Sugar Substitute, Non-Carbohydrate, Saccharin , Acesulfame K, 450,000.000000 EA $ $ Aspartame, Sucralose, Neotame, or Rebaudioside A, Granular, Packaged in Envelopes/Packets.

(CID A-A-20178C, Types I-VI, Style A, Package 1 ). Each individual is .80 to 1.0 Gram. State case count on bid.

0017 Syrup, Table, Regular or Light, Any flavor (CID A-A-20124D, Type IV, Style 1 or 2, Flavor A, B, C, D, or E). Syrup shall be manufactured in accordance with the U.S.

7,500.000000 EA $ $

Standard of Identity for Table Syrup, 21 CFR 168.180. Each.

Individuals are 1 oz. State case count and flavor on bid.

0018 Tortillas, Wheat, White with spices or herbs, or Other. 7" - 10" in 18,000.000000 EA $ $ diameter, Round Shelf stable, refrigerated, or frozen, Table Ready.

(CID A-A-20143B, Type 1, Style

B, C, or E, Size 7, 8, or 9, Shape a, Enrichment type I, Product state a, c, or d, Cook state I). Each. State case count on bid .

0019 Tortilla Chips, Corn, Round or Triangular, Enriched, Shelf Stable, 375.000000 LB $ $ Table Ready (CID A-A-20143B, Type 11 , Style A, Shape a or c, Enrichment type I, Product state a, Cook state I). Bulk packaged.

0020 French Toast, Frozen, Regular or Low Fat, Any Flavor, Any Shape. 46,800.000000 EA $ $ (CID A-A-20234B, Type 11, Style A or B, Class 3, Flavor A, B, C, or D, Shape 1 - 8). Each. State case count on bid .

0021 Pancake, Frozen, Regular or Low Fat, Any Flavor, Any Shape. 61,200.000000 EA $ $ (CID A-A-20234B, Type 11, Style A or B, Class 2, Any Flavor, Shape 1 - 8). Each. State case count on bid.

0022 Tomatoes, Canned, Diced, as defined in the standard of identity 112.000000 cs $ $ for canned tomatoes (21 CFR 155.190). U.S. Grade A-C, Average drained weight of 54.7 to

63.5 ounces per #10 can/pouch . 6/#10 cans or pouches per case.

State can or pouch on bid .

0023 Tomato, Paste, as defined in the standard of identity for tomato 56.000000 cs $ $ paste (21 CFR 155.191 ). Natural Tomato Soluble Solids ranging from extra heavy to medium concentration (28 to 39.3%). U.S. Grade A, U.S. Fancy, U.S.

Grade C, or U.S. Standard. 6/#10 cans or pouches per case.

State can or pouch on bid .

0024 Vegetable, Beans, Green, Canned, Cut, Sliced Lengthwise, or 224.000000 cs $ $ French Style, Round Type, Good to reasonably good character (A or B), Minimum drain weight 59 oz.

U.S. Grade A-C. As defined in Food and Drug Standard of Identity 21 CFR 155.120. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans or pouches per case. State can or pouch on bid .

0025 Vegetable, Beets, Canned, Whole, Slices, Quarters, Diced, 73.000000 cs $ $ Julienne, French Style or Cut. Minimum drain weight 64 oz. U.S.

Grade A, U.S. Fancy, U.S. Grade C or U.S.

Standard. As defined in Food and Drug Standard of Identity 21 CFR 155.200. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/ #10 cans or pouches per case. State can or pouch on bid.

15B31420Q00000005 Page 6 of 27

0026 Vegetable, Carrots, Canned , Sliced, Diced, Julienne, French Style, 112.000000 cs $ $ or Cut. Minimum drain weight 64 oz. U.S. Grade A, U.S. Fancy, U.S. Grade C or U.S.

Standard. As defined in Food and Drug Standard of Identity 21 CFR 155.200. Originated from crops that have been 100 percent grown, processed , and packed in the United States or Canada. 6/ #1 O cans or pouches per case. State can or pouch on bid.

0027 Vegetable, Corn, Whole Kernel (Whole Grain), Canned , 224.000000 cs $ $ Conventional or Supersweet, Golden (or yellow), Grade A - C. As defined in Food and Drug

Standard of Identity 21 CFR 155.130. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans or pouches per case or 6/75 oz vac-pack cans per case. State type of can or pouch on bid.

0028 Vegetable, Mixed (5-way mix including carrots, green beans, peas, corn, and lima beans), Canned , With Salt, Without Salt, No Salt

112.000000 cs $ $

Added , Low Sodium, or Other.

(CID A-A-20120E, Type 11 , Style A, B, C, D, or E). Minimum drain weight of 64 oz. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/ #10 cans or pouches per case. State can or pouch on bid .

0029 Vegetable, Spinach, Cut leaf of Sliced , U.S. Grade A, U.S. Fancy, 56.000000 cs $ $ U.S. Grade B, or U.S. Extra Standard. As defined in Food and Drug Standard of Identity 21 CFR

51.990. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada, 6/#10 cans or pouches per case. State can or pouch on bid.

0030 Vegetable, Broccoli , Frozen, Spears, Short Spears, Cut or 750.000000 LB $ $ Chopped. U.S. Grade A or B. As defined in Title 7 CFR 52.631 -

644. *MUST be packed in United States, Canada or Mexico).

0031 Vegetable, Potatoes, French Fries, Frozen , Institutional type, 2,250.000000 LB $ $ Straight Cut, Crinkle Cut, Slices, or Strips. Strips will be 3/8 x 3/8, 1 /2 x 1 /4, or 3/8 x 3/4 inch and be

Extra Long, Long, or Medium (at least 50% or more are 2 inches or longer. OVENABLE. U.S. Grade A, U.S. Fancy or U.S. Grade B. As defined in Title 7 62.2391-2405. Originated from crops that have been 100 percent grown, processed , and packed in the United States or Canada. Examples of acceptable types also includes wedges, waffle cut, and steak cut.

0032 Vegetable, Potatoes, (TATER TOTS). Preformed, Precooked, 5,250.000000 LB $ $ Frozen, Institutional type, Round, Cross-sectional dimension 3/4 to 1" diameter. Length 1 to 1 1/2 inch, 47 - 54 units per pound . Unseasoned, seasoned with spices, or seasoned with spices and salt. Oven-baked. (CID A-A-20038C, Pack Type II, Style A, Cross Sectional Dimension 1, Length i, Count A, Seasoning 2, 3, or 5. Cooking Method A). Originated from crops that have been 100 percent grown, processed and packed in the United State or Canada.

0033 Tuna, Can or Flexible Pouch, Chunk, Light or White (Albacore), 20.000000 cs $ $ Packed in Water, Salt/Sodium Level Regular, No Salt Added, Very Low Sodium, or Low Sodium. (CID

A-A-20155D, Type A or B, Form I, Color A or B, Packing Media 1, Salt/Sodium Level A, B, C, or D). Sodium content will not exceed 1.5% salt. Tuna can be a product of the U.S. or other Foreign Country that meets the requirements of 21 CFR 123.12. Product may contain soy and/or vegetable broth. Quote must specify size and packing of case and if quoting on cans or pouches.

0034 Spices, Salt, Food Grade or Table, Iodized. Packaging must 200.000000 LB $ $ indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents. Product may contain an Anti-Caking Agent. Bulk.

Specify package size on bid .

0035 Bacon Bits, imitation 100.000000 LB $ $

0036 Biscuits, flour, 2 oz., Fully Cooked , Frozen 50.000000 cs $ $

0037 Egg Patty, Pasteurized, Pre-cooked or fully cooked , Individually Quick Frozen, made with whole eggs or egg whites, fried , 6, 192.000000 EA $ $ scrambled, or omelets. Any size. Note type, size, and case count on bid

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Section 3 - Contract Clauses

A.l ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Oct 2018)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

2.252-2 CLAUSES INCORPORATED BX

his contract iricoq?c:ir~t~s dne o,r niore cl t~xt. Upon requfs( the Gontr,~cting Officer wi

Clause itle Fill-ins (if applicable)

52.212-4 Contract Terms and Conditions--Commercial Items (Oct 2018)

Clauses By Full Text

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Items (May 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[ Contracting Officer check as appropriate.]

_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

15B31420Q00000005 Page 9 of 27

_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of2009.)

_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C.

6101 note).

_ (5) [Reserved].

_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (3 I 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].

_ (1 l)(i) 52.219-3, Notice ofHUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

_ (ii) Alternate I (Nov 2011) of52.219-3.

_ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

_ (ii) Alternate I (Jan 2011) of 52.219-4.

_ ( 13) [Reserved]

_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644) .

_ (ii) Alternate I (Nov 2011).

_ (iii) Alternate II (Nov 2011).

_ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U .S.C. 644).

_ (ii) Alternate I (Oct 1995) of 52.219-7.

_ (iii) Alternate II (Mar 2004) of52.219-7.

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

_ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

_ (ii) Alternate I (Nov 2016) of 52.219-9.

_ (iii) Alternate II (Nov 2016) of52.219-9.

_ (iv) Alternate III (Nov 2016) of 52.219-9.

_ (v) Alternate IV (Aug 2018) of52.219-9.

_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)) .

15B31420Q00000005 Page 10 of 27

_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

_ (20) 52.219-16, Liquidated Damages--Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)) .

_ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

_ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).

_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_ (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_ (28)(i) 52.222-26, Equal Opportunity (Sept 20 16) (E.O. 11246).

_ (ii) Alternate I (Feb 1999) of 52.222-26.

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

_ (ii) Alternate I (July 2014) of52.222-35.

_ (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793) .

_ (ii) Alternate I (July 2014) of 52.222-36.

_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) .

_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_ (33)(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

_ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

_ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S .C. 6962(c) (3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off the-shelf items.)

_ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

_ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O.

13693).

_ (38)(i) 52.223-13, Acquisition ofEPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

_ (ii) Alternate I (Oct 2015) of 52.223-13.

_ (39)(i) 52.223-14, Acquisition ofEPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

15B31420Q00000005 Page 11 of 27

_ (ii) Alternate I (Jun 2014) of 52.223-14.

_ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

_ (4l)(i) 52.223-16, Acquisition ofEPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

_ (ii) Alternate I (Jun 2014) of52.223-16.

_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

_ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

_ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

_ (45)(i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

_ (ii) Alternate I (Jan 2017) of 52.224-3.

_ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

_ (47)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

_ (ii) Alternate I (May 2014) of52.225-3.

_ (iii) Alternate II (May 2014) of 52.225-3.

_ (iv) Alternate III (May 2014) of 52.225-3.

_ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O. 's, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

_ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

_ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

_ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

_ (56) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

_ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

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

_ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

_ (ii) Alternate I (Apr 2003) of 52.247-64.

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_ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[ Contracting Officer check as appropriate.]

_ (I) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S .C. chapter 67).

_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

_ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (May 2014) (41 U.S.C. chapter 67).

_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

_ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(l) 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)(l) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203- I 9, 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)).

15B31420Q00000005 Page 13 of 27

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct2018) (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.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph

(I) of FAR clause 52.222-17.

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

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

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

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

(xiii) _(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

_(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(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 (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

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

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

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

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

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (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)

15B31420Q00000005 Page 14 of 27

Section 4 - List of Attachments

This Section Is Intentionally Left Blank

15B31420Q00000005 Page 15 of 27

Section 5 - Solicitation Provisions

A.2 ADDENDUM TO FAR 52.212-1, Instructions to Offerors--Commercial Items (Oct 2018)

The terms and conditions for the following provisions are hereby incorporated into this solicitation as an addendum to FAR provision 52.212-1.

52.212-1 Instructions to Offerors--Commercial Items (Oct 2018)

[END OF ADDENDUM TO FAR 52.212-1)

52.212-3 Offeror Representations and Certifications--Commercial Items (Oct 2018)

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 (u)) of this provision.

(a) Definitions. As used in this provision--

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"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 of6 U.S.C. 395(c).

15B31420Q00000005 Page 16 of 27

"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; aµd

( l 0) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

"Restricted 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"--

(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. l 702(b)(3)).

"Service-disabled veteran-owned small business concern"--

15B31420Q00000005 Page 17 of27

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

"Small disadvantaged business concern", consistent with 13 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 at 13 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 CFR 124.104(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 (l)(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.

"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.

"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.

"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.

15B31420Q00000005 Page 18 of 27

"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.

(b)(l) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http:// www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference ( see FAR 4.1201 ), except for paragraphs ______ _

[ Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas . Check all that apply.

( 1) Small business concern. The offeror represents as part of its offer that it _ is, _ is not a small business concern.

(2) Veteran-owned small business concern. [ Complete only if the offeror represented itself as a small business concern in paragraph (c)(l) of this provision.] The offeror represents as part of its offer that it_ is, is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it_ is, is not a service-disabled veteran-owned small business concern.

( 4) Small disadvantaged business concern. [ Complete only if the offeror represented itself as a small business concern in paragraph (c)(l) of this provision.] The offeror represents, that it_ is,_ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [ Complete only if the offeror represented itself as a small business concern in paragraph (c)(l) of this provision.] The offeror represents that it_ is,_ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It_ is,_ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It_ is,_ is not a joint venture that complies with…