SF1449_-_SUBSISTENCE.pdf

15B61419Q00000009 Page 1 of 28

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15B61419Q00000009

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

08/02/2019

7. FOR SOLICITATION

INFORMATION CALL:

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

TIME

08/15/2019 10:00:00

CODE 15B614

Federal Bureau of Prisons FCI Terminal Island 1299 Seaside Avenue Terminal Island, CA 90731

9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 311999

SIZE STANDARD: 100

Employees

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

15B614CODE15. DELIVER TO

Federal Bureau of Prisons FCI Terminal Island 1299 Seaside Avenue Terminal Island, CA 90731

CODE BTRM16. ADMINISTERED BY

Federal Bureau of Prisons FCI Terminal Island

PO BOX 269

Terminal Island, CA 90731

ERICA PACHECO

(O) 310-732-5236

EPACHECO@BOP.GOV

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BTRMCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Terminal Island

PO BOX 269

Terminal Island, CA 90731

A. PANGANIBAN

(O) 310-732-5241

APANGANIBAN@BOP.GOV

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

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Delivery Date: 10/01/2019

TO PROVIDE SUBSISTENCE ITEMS TO FCI

TERMINAL ISLAND. *PLEASE NOTE: AWARD

IS FILL OR KILL. ITEMS NOT DELIVERED BY

OCTOBER 10, 2019 OR NOT LABELED CORRECTLY

SHALL BE TERMINATED FOR DEFAULT.*

VENDOR'S NAME: DUNS: VENDOR'S PH NUMBER:

VENDOR'S EMAIL:

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

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

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

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Erica Pacheco

31c. DATE SIGNED

08/02/2019

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15B61419Q00000009 Page 2 of 28

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

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

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

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

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

15B61419Q00000009 Page 3 of 28

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule 3 Contract Clauses

52.211-17 Delivery of Excess Quantities (Sept 1989)

1.1 Additional Information

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-- Commercial Items (May 2019) 52.253-1 Computer Generated Forms (Jan 1991) 52.209-5 Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability (Deviation 2014-01)(November 2013)

4 List of Attachments 5 Solicitation Provisions

52.212-3 Offeror Representations and Certifications--Commercial Items (Oct 2018) 52.209-5 Certification Regarding Responsibility Matters (Oct 2015)

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)

52.212-2 Evaluation - Commercial Items (Oct 2014) 52.214-22 Evaluation of Bids for Multiple Awards (Mar 1990)

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Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Pineapple Sliced 6 # 10 Cans per Case 224.000000 CS $____________ $___________________

0002 Apples Sliced 6 # 10 Cans Per Case 224.000000 CS $____________ $___________________

0003 Peaches Sliced 6 # 10 Cans per Case 224.000000 CS $____________ $___________________

0004 Cereal, Rolled Oats, Quick-cooking, Enriched, Unflavored, CID A- A-20090C, Type II, Flavor A 50 Pound bag

4,000.000000 LB $____________ $___________________

0005 Cheese, Parmesan or Parmesan and Romano Mixed, Grated, Italian Style, 12 - 1 lb Containers per case.

12.000000 CS $____________ $___________________

0006 Dressing, Italian , Low Cal, 4-1 Gallon Plastic Containers CID-A- A-20030A Type IV.

96.000000 CS $____________ $___________________

0007 Dressing ,Real , Mayo Style, 4 - 1 Gallon Plastic Containers per case, CID A-A- 20140C, Type II, Style A

125.000000 CS $____________ $___________________

0008 Flour, General or All Purpose, Unbleached, CID A-A-20126F, Type III, Style A 50 Pound bag

17,000.000000 LB $____________ $___________________

0009 Jelly, Assorted Flavors, Regular, 10 Gram Individual Portion, 200 Packages per case, CID A-A-20078B, Type II, Style 1

150.000000 CS $____________ $___________________

0010 Margarine, Bulk, All Vegetable, must Conform to USDA Specifications for Vegetable Oil Margarine Must be real 30 Pound Case Quote must specify

9,990.000000 LB $____________ $___________________

0011 Margarine, Reddie, All Vegetable, 90 Patties per lb, on Paper Chips, 12 lbs per case, must Conform to USDA Specifications for Vegetable Oil Margarine

150.000000 CS $____________ $___________________

0012 Mustard, Prepared, Yellow (Salad Style), 4 - 1 Gallon Plastic containers per case, CID A-A-20036C, Type I

96.000000 CS $____________ $___________________

0013 Oil, Salad, Bulk, 100 % Vegetable, 4 -1 or 1-6 Gallon Plastic or cans containers per case, CID A-A-20091D, Type I - Canola (rapeseed), corn, cottonseed, olive (refined), safflower, soybean, sesame, sunflower, or any other vegetable oils or combinations of these oils.

400.000000 GL $____________ $___________________

0014 Relish, Pickle, Sweet, Bulk, Cured, 4 - 1 Gallon Plastic containers per case

48.000000 CS $____________ $___________________

0015 Rice, Parboiled Light, Long Grain, U. S. No. 1 or 2 - U. S.

Standards for Grades 50 Pound boxes Quote must specify in boxes

8,500.000000 LB $____________ $___________________

0016 Sauce, Barbeque, Plain/regular, Thick 4 - 1 Gallon Plastic containers per case, CID A-A-20335A

48.000000 CS $____________ $___________________

0017 Spice, Salt, Table, Iodized, Bulk, Pure Salt - no extenders, , etc. 500.000000 LB $____________ $___________________

0018 Sugar, Granulated, White, 50 lb bags, Cane or Beet, Fine, Extra-fine, or Super- fine, CID A-A-20135C, Type I, Style A or B

7,500.000000 LB $____________ $___________________

0019 Sugar Substitute, Individual Packet, Non-carbohydrate, Saccharin, Acesulfame- k, Aspartame, Sucralose, or Neotame, Non-nutritive, 1000 - 0.75 -1.0 Gm Packets per Case

150.000000 CS $____________ $___________________

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0020 Syrup, Imitation Maple, Regular Style, Thick, 4 - 1 Gallon Plastic Containers per Case.

125.000000 CS $____________ $___________________

0021 Vegetable, Beans, Green, Canned, Blue Lake Variety, Cut, 6 - #10 Cans per Case, Packed to standard of U. S. Grade B or Better, Originated from crops that have been 100 percent grown, processed, and packed in the United States, or Canada Minimum Drain Weight 60 oz, Grade Standard Reference Title 7 CFR 52.449

112.000000 CS $____________ $___________________

0022 Vegetable, Carrots, Diced or Sliced, Canned, 6 - #10 Cans per Case, Packed to standard U. S. Grade B or Better, Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada, Minimum Drain Weight 66 oz., Grade Standard Reference Title 7 CFR 52.673

168.000000 CS $____________ $___________________

0023 Vegetable, Corn, Whole Kernel, Canned

Packed to standard U. S. Grade B or Better, Golden, Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada 6 - #10 Cans per Case or 6/75 oz. vac-pack Cans per Case, Minimum Drain Weight 70 oz wet pack, 75 oz. vac- pack., Grade Standard Reference Title 7

CFR 52.883

224.000000 CS $____________ $___________________

0024 Vegetable, Pimento, Diced, Peeled, 6 -10 # Cans per Case 56.000000 CS $____________ $___________________

0025 Vegetable, Potatoes, White, French Fries, Frozen for Frying, Grade A, Crinkle cut or Straight Cut, 30% to 34% solids, Originated from crops that have been 100 percent grown, processed, and packed in the United States , Grade Standard Reference Title 7 CFR 52.2395

9,990.000000 LB $____________ $___________________

0026 Vegetable, Potatoes, White, Tater Tots Fries, Frozen, 30 lb Case 9,990.000000 LB $____________ $___________________

0027 Beef, Ground, Regular Grind, 80% 20 % Lean

USDA Standard for ground beef per 9 CFR 319.15, delivered Frozen, (NO ORGAN OR TONGUE MEAT) Delivered cases must be labeled Pure 80/20 100% Ground Beef with the date on the boxes , PRODUCT MUST BE IN SEALED BAGS, NO OPEN

BAGS OR

13,500.000000 LB $____________ $___________________

0028 Beef, Ground, Patties, 4 Oz, IMPS 1136, Frozen, 80% Lean

Frozen, Round in Shape with Separation or Individually Quick Frozen, Sodium content per 4 oz. serving must Exceed 200 mg.

Delivered cases must be labeled Ground Beef Patties 80/20 100 % ground beef. Pack size 20 lb per case 80 patties per case. Quote must specify

4,500.000000 LB $____________ $___________________

0029 Raw Beef Roast, Beef Round, Top or Bottom IMPS 168,169, 171, 171A, 171B Frozen, weight range 28 lb and down. Quote MUST indicate actual IMPS & average roast weight of quoted item. ( No Gooseneck or Flats)

3,500.000000 LB $____________ $___________________

0030 Chicken, Boneless, Skinless, Raw, White, (Tender or Breast Meat), Frozen, A or B quality per the USDA, United States Classes, Standards and Grades for Poultry Agricultural Marketing Service (AMS) 70.200 et seq. No Solution or Ingredients Added, White meat Un-breaded. Packed 10 lb size sealed bags only 40 lb case. Quote must specify.

13,500.000000 LB $____________ $___________________

0031 Chicken, Leg Quarter, Raw Ready to Cook, Frozen

U. S. Grade A, U. S. Standards, and Grades for Poultry, Un-breaded. “Leg quarter" consists of a poultry thigh and drumstick, with a portion of the back attached. Portion weight range 10 to 12 ounce. Pack size 10lb sealed bags only 40lb case. Quote must Indicate the portion size label must indicate portion size on every case

35,000.000000 LB $____________ $___________________

0032 Fish, Fillets (Practically Boneless),5 to 7 Oz

Solid Fillets, White meat fish such as: Swai, Basa Sole, Individually Quick Frozen or Shatter Pack, 100% net weight, No water added or glaze weight, Fish portion must meet weight requirements when thawed and drained, Delivered cases must be labeled 100% net weight, (Skin off-Skinless), Grade A or B Based on the United States Standards for Grades of Fish Fillets, 100 % fish, Quote Must indicate if (skin-off)

2,000.000000 LB $____________ $___________________

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0033 Fish, Breaded and Oven Ready, Natural Fillet, Solid Muscle, No Chopped or Minced Meat. White Meat Fish such as but not limited to: Pollack, Whiting, Flounder, Sole, Cod, Tilapia, Etc...Individually Quick Frozen, no more that 86% moisture. The breaded and battered fried fish portions must meet the minimum requirement of 65 percent by weight of fish flesh and be uniform in size and weight. Quote MUST indicate size of fillet, 4 to 5 oz.

Portions

8,100.000000 LB $____________ $___________________

0034 Pasta, Enriched Egg Noodles, Ribbon Shaped Noodles or Large Bow Shaped Noodles. (CID A-A-20063C, Type I or Type II, Style B). 10 lb to 20 lb sealed bags.

2,000.000000 LB $____________ $___________________

0035 Beans, Dry Lentils, Whole , US Grade 1-3 25 to 50 lb bags 2,000.000000 LB $____________ $___________________

0036 Vegetable, Collard Greens, Canned, Grade U.S. No. 1. As defined in Title 7, 51.521. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans per case.

112.000000 CS $____________ $___________________

0037 Vegetable, Spinach, Cut leaf or Sliced, U.S. Grade A, U.S. Fancy, 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.

56.000000 CS $____________ $___________________

0038 Vegetable, Mixed

(5-way mix including carrots, green beans, peas, corn, and lima beans), Canned, With Salt, Without Salt, No Sald Added, Low Sodium, or Other. (CID A-A-20120E, Type II, 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 per case.

112.000000 CS $____________ $___________________

0039 Vegetable, Potatoes, White, Dehydrated, Mashed, Granules or Flakes without or with peel. (CID A-A-20032G, Type II, Style A, B, or C). Product label must have rehydration instructions and yield amounts. 6/#10 cans per case.

168.000000 CS $____________ $___________________

0040 Fruit, Pears, Canned

Standards of Identity contained in 21 CFR 155.191, U.S. Grade A, B, C, or U.S. Fancy, Whole or Halves, peeled, pitted, Pear groups.

Packed in light syrup, lightly sweetened juice and water, lightly sweetened fruit juice, slightly sweetened water, extra light syrup, slightly sweetened fruit juice and water, slightly sweetened fruit juice, or in water. 6/#10 cans per case

224.000000 CS $____________ $___________________

0041 Tomato, Paste, as defined in the standard of identity for tomato 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.

112.000000 CS $____________ $___________________

0042 Pasta, Macaroni, Elbow Form, Whole Wheat Blend, Whole Wheat, or Regular. (CID A-A-20062E, Type I, Style A, B, or C). Enriched in accordance with the requirements as specified in 21 CFR

139.113 and 21 CFR 139.135. 1 lb to 20 lb sealed bags.

2,000.000000 LB $____________ $___________________

0043 Sauce, Soy, Fermented or Non-Fermented, Reduced Sodium.

(CID A-A-20087D, Type I or IV), 4/1 Gallon plastic containers per case.

48.000000 CS $____________ $___________________

0044 4x1 Gallon Vanilla Flavoring 48.000000 CS $____________ $___________________

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Section 3 - Contract Clauses

A.1 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

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): www.acquisition.gov

Clause Title Fill-ins (if applicable)

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

Clauses By Full Text

52.211-17 Delivery of Excess Quantities (Sept 1989)

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor's expense or retained and paid for by the Government at the contract unit price.

(End of clause)

1.1 Additional Information

EVALUATION FACTORS AND OTHER AWARD INFORMATION AND INSPECTIONS: Awards will be made based upon price and price-related factors to the lowest priced technically acceptable offerors. Past performance (i.e., the offeror’s performance record on pervious contracts) will be considered. Multiple awards may be made at the discretion of the government. Some line items may not be awarded.

Changes in quantity or unit size may cause your offer to be considered non-responsive for affected line items. CHANGES TO

SPECIFICATIONS WILL LIKELY CAUSE YOUR OFFER TO BE CONSIDERED NON-REPONSIVE.

Conditional offers (i.e., offering two or more line items on an all-or no- basis) may cause your offer to be considered non-responsive for the affected line items.

Offerors must be registered in the SAM database to receive award. The registration must be current and valid.

Quoters shall include their data Universal Numbering System (DUNS) number in Block 17A of the Standard Form 1449, in accordance with the FAR 52.212.1(j). The contracting officer will verify registration in the CCR database prior to award by entering the potential awardee’s DUNS number in the SAM date base.

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DELIVERY: Receiving hours are Mon-Fri: 6:00 a.m. to 12:00 p.m. excluding Federal Holidays.

PAYMENT: Payments will be made in accordance with the Prompt Payment Act. If applicable, the special payment provisions of the Packers and Stockyard Act of 1921 (7 United States Code (USC) 182(3)) or the Perishable Agricultural Commodities Act of 1930 (7 USC 499a (4)) or the Fish and Seafood Promotion Act of 1986 (16USC 4003(3)) will apply. If quoters offer payment terms which are economically beneficial to the Government and subsequently incorporated into the contract/order, those offered payment terms will apply. Payment will be made by Electronic Funds Transfer (EFT). Partial payments are not authorized.

52.253-1 Computer Generated Forms (Jan 1991)

(a) Any data required to be submitted on a Standard or Optional Form prescribed by the Federal Acquisition Regulation (FAR) may be submitted on a computer generated version of the form, provided there is no change to the name, content, or sequence of the data elements on the form, and provided the form carries the Standard or Optional Form number and edition date.

(b) Unless prohibited by agency regulations, any data required to be submitted on an agency unique form prescribed by an agency supplement to the FAR may be submitted on a computer generated version of the form provided there is no change to the name, content, or sequence of the data elements on the form and provided the form carries the agency form number and edition date.

(c) If the Contractor submits a computer generated version of a form that is different than the required form, then the rights and obligations of the parties will be determined based on the content of the required form.

(End of clause)

52.209-5 Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability (Deviation 2014-01)(November 2013)

[EMPTY CLAUSE 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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

__Alternate I (Aug 2007) of 52.222-50 (22 U.S.C.7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(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. 253g and 10 U.S.C. 2402).

15B61419Q00000009 Page 9 of 28

__(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__(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.).

__(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C.

6101 note).

__(5) 52.204-11, American Recovery and Reinvestment Act--Reporting Requirements (Jul 2010) (Pub. L. 111-5).

XX(6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

__(7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

__(8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L.

112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__(9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__(10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__(11) [Reserved]

XX(12)(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).

__(13)(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) of 52.219-7.

__(14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__(15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

__(ii) Alternate I (Oct 2001) of 52.219-9.

__(iii) Alternate II (Oct 2001) of 52.219-9.

__(iv) Alternate III (Jul 2010) of 52.219-9.

__(16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__(17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__(18) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__(19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__(ii) Alternate I (June 2003) of 52.219-23.

15B61419Q00000009 Page 10 of 28

__(20) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (Dec 2010) (Pub. L.

103-355, section 7102, and 10 U.S.C. 2323).

__(21) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__(22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

__(23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

__(24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

__(25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

XX(26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XX(27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

XX(28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

XX(29) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

__(30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

__(31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

__(32) 52.222-37, Employment Reports on Veterans, (Sep 2010) (38 U.S.C. 4212).

__(33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__(34) 52.222-54, Employment Eligibility Verification (Jul 2012). (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) 52.223-15, Energy Efficiency in Energy Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__(37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O.

13423).

__(ii) Alternate I (Dec 2007) of 52.223-16.

__(38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__(39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__(40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (May 2012) (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, and 112-42).

__(ii) Alternate I (Mar 2012) of 52.225-3.

__(iii) Alternate II (Mar 2012) of 52.225-3.

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__(iv) Alternate III (Mar 2012) of 52.225-3.

__(41) 52.225-5, Trade Agreements (May 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__(42) 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).

__(43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__(44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.5150).

__(45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f),10 U.S.C. 2307(f)).

XX(46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f),10 U.S.C. 2307(f)).

XX(47) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003)(31 U.S.C. 3332).

__(48) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__(49) 52.232-36, Payment by Third Party (Feb 2010)(31 U.S.C. 3332).

__(50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__(51)(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.

(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.]

__(1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__(3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__(4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C.

351, et seq.).

__(5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment -- Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

__(6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services -- Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__(7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__(8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(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.

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

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

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 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.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

__Alternate I (Aug 2007) of 52.222-50 (22 U.S.C.7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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)

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Section 4 - List of Attachments

This Section Is Intentionally Left Blank

15B61419Q00000009 Page 14 of 28

Section 5 - Solicitation Provisions

Provisions By Full Text

52.209-5 Certification Regarding Responsibility Matters (Oct 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that--

(i) The Offeror and/or any of its Principals--

(A) Are __ are not __ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have __ have not __, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers;

or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are __ are not __ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have __, have not __, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

15B61419Q00000009 Page 15 of 28

(ii) The Offeror has __ has not __, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility.

Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)

Faith-based and Community-based organizations can submit offers/bids/quotations equally with other organizations for contracts for which they are eligible.

[End of Provision]

52.214-22 Evaluation of Bids for Multiple Awards (Mar 1990)

In addition to other factors, bids will be evaluated on the basis of advantages and disadvantages to the Government that might result from making more than one award (multiple awards). It is assumed, for the purpose of evaluating bids, that $500 would be the administrative cost to the Government for issuing and administering each contract awarded under this solicitation, and individual awards will be for the items or combinations of items that result in the lowest aggregate cost to the Government, including the assumed administrative costs.

(End of provision)

52.212-2 Evaluation - Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

[Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304);?and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.]

15B61419Q00000009 Page 16 of 28

Technical and past performance, when combined, are __________________________________________________

[Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.]

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

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 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

15B61419Q00000009 Page 17 of 28

(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.

"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. 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" 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--

15B61419Q00000009 Page 18 of 28

(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 (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.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned by one or more…