RFQ2032H320Q00018 Newspaper Subscription BPA v1.pdf

RFQ 2032H320Q00018 5

TABLE OF CONTENTS

SECTION II - PRICE/ COST SCHEDULE

STATEMENT OF WORK…………………………………………………………………………….12

INSTRUCTIONS TO OFFEROR

QUOTE DUE DATE/TIME

CONTRACT CLAUSES – TERMS AND CONDITIONS

FAR 52.252-2 – Clauses Incorporated by Reference (Feb 1998)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Jan 2020)

FAR 52.217-8 – Option to Extend Services (Nov 1999)…………………………………………….23

FAR 52.217-9 – Option to Extend the Term of the Contract (Mar 2000)………………..23

DTAR 1052.201-70 Contracting Officer's Representative (COR) appointment and authority

(APR 2015)

DTAR 1052.210-70 – Contractor Publicity (Apr 2015)

DTAR 1052.232-7003 - Electronic Submission of Payment Requests (Apr 2015)

Electronic Invoicing and Payment Requirements for the Invoice Processing Platform (IPP)

Order Administration

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) PROVISION……………..25

FAR 52.252-1 - Solicitation Provisions Incorporated by Reference (Feb 1998)

FAR 52.209-2 – Prohibition on Contracting with Inverted Domestic Corporations-- Representation (Nov 2015)

FAR 52.209-11 - Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Feb 2016)

FAR 52.212-3 Offeror Representations and Certifications – Commercial Items (Dec 2019)

FAR 52.212-2 Evaluation-Commercial Items (OCT 2014)

FAR 52.217-5 -- Evaluation of Options (JuL 1990)……………………………………………….45

FAR 52.219-1 - Small Business Program Representations (Oct 2014)

FAR 52.222-22 – Previous Contracts and Compliance Reports (Feb 1999)

FAR 52.222-25 - Affirmative Action Compliance (Apr 1984)

DTAR 1052.209-70 - Notice and Consent to Disclose and Use of Taxpayer Return Information (Nov 2017)

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CONTINUATION PAGES

COMBINED SYNOPSIS/SOLICITATION

(A) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 16.702 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The Department of the Treasury intends to award at least one (1) but no more than two (2) Firm-Fixed Price (FFP) Blanket Purchase Agreement (BPA), to the vendor/s whose offer conforms to this solicitation, and is determined to be most advantageous to the Government.

(B) The solicitation number for this requirement is RFQ #2032H320Q00018 is being issued as a Request for Quote (RFQ).

(C) The associated NAICS code is 492210 and the small business size standard is $27.5 Million.

(D) Date, time and place Quotes are due:

Offers are due no later than: Thursday, February 20, 2020, at 12:00 PM Eastern.

Submit offers to the following email address by the offer due date and time:

E-Mail Address: Ontario.R.Jackson@irs.gov

Contracting Office Address: Primary Point of Contact:

Internal Revenue Service Ontario Jackson 5000 Ellin Rd, Lanham Maryland 20745 Ontario.R.Jackson@irs.gov

RFQ 2032H320Q00018 7

SECTION II - PRICE/ COST SCHEDULE

FY 2020 PRICELIST - March 1, 2020 Through February 28, 2021 plus four (4), one (1) Year Options

TITLE COUNT* MON-FRI SAT SUN WEEKLY MONTHLY

FINANCIAL TIMES 28

NEW YORK TIMES 21

USA TODAY 8

WALL STREET JOURNAL 28

WASHINGTON POST 22

WASHINGTON TIMES 0

ECONOMIST 20

NEW YORK POST 6

INTERNATIONAL NEW

YORK TIMES 2

Atlantic Monthly (Monthly) 0 Bloomberg Businessweek (Weekly) 8 The Economist (Weekly) 20 New Republic (Monthly) 0 New Yorker (Monthly) 0 Time (Weekly) 0 Washington Business Journal (Monthly) 0 Weekly Standard (Monthly) 0 Foreign Affairs (Monthly) 7

At this time, we do not anticipate ordering titles with “0” counts however we expect a potential future need.

RFQ 2032H320Q00018 8

Option Year 1 PRICELIST - March 1, 2021 Through February 28, 2022

TITLE COUNT* MON-FRI SAT SUN WEEKLY MONTHLY

FINANCIAL TIMES 28

NEW YORK TIMES 21

USA TODAY 8

WALL STREET JOURNAL 28

WASHINGTON POST 22

WASHINGTON TIMES 0

ECONOMIST 20

NEW YORK POST 6

INTERNATIONAL NEW

YORK TIMES 2

Atlantic Monthly (Monthly) 0 Bloomberg Businessweek (Weekly) 8 The Economist (Weekly) 20 New Republic (Monthly) 0 New Yorker (Monthly) 0 Time (Weekly) 0 Washington Business Journal (Monthly) 0 Weekly Standard (Monthly) 0 Foreign Affairs (Monthly) 7

RFQ 2032H320Q00018 9

Option Year 2 PRICELIST - March 1, 2022 Through February 28, 2023

TITLE COUNT* MON-FRI SAT SUN WEEKLY MONTHLY

FINANCIAL TIMES 28

NEW YORK TIMES 21

USA TODAY 8

WALL STREET JOURNAL 28

WASHINGTON POST 22

WASHINGTON TIMES 0

ECONOMIST 20

NEW YORK POST 6

INTERNATIONAL NEW

YORK TIMES 2

Atlantic Monthly (Monthly) 0 Bloomberg Businessweek (Weekly) 8 The Economist (Weekly) 20 New Republic (Monthly) 0 New Yorker (Monthly) 0 Time (Weekly) 0 Washington Business Journal (Monthly) 0

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Option Year 3 PRICELIST - March 1, 2023 Through February 29, 2024

TITLE COUNT* MON-FRI SAT SUN WEEKLY MONTHLY

FINANCIAL TIMES 28

NEW YORK TIMES 21

USA TODAY 8

WALL STREET JOURNAL 28

WASHINGTON POST 22

WASHINGTON TIMES 0

ECONOMIST 20

NEW YORK POST 6

INTERNATIONAL NEW

YORK TIMES 2

Atlantic Monthly (Monthly) 0 Bloomberg Businessweek (Weekly) 8 The Economist (Weekly) 20 New Republic (Monthly) 0 New Yorker (Monthly) 0 Time (Weekly) 0 Washington Business Journal (Monthly) 0

RFQ 2032H320Q00018 11

Option Year 4 PRICELIST - March 1, 2024 Through February 28, 2025

TITLE COUNT* MON-FRI SAT SUN WEEKLY MONTHLY

FINANCIAL TIMES 28

NEW YORK TIMES 21

USA TODAY 8

WALL STREET JOURNAL 28

WASHINGTON POST 22

WASHINGTON TIMES 0

ECONOMIST 20

NEW YORK POST 6

INTERNATIONAL NEW

YORK TIMES 2

Atlantic Monthly (Monthly) 0 Bloomberg Businessweek (Weekly) 8 The Economist (Weekly) 20 New Republic (Monthly) 0 New Yorker (Monthly) 0 Time (Weekly) 0 Washington Business Journal (Monthly) 0

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STATEMENT OF WORK FOR

BPA FOR TREASURY DEPARTMENTAL OFFICES DAILY NEWSPAPER AND MAGAZINE

DELIVERIES

1. BACKGROUND

Prior to 2014, Treasury had two Firm Fixed Price contracts for Newspaper/Magazine Delivery. Due to the frequent changing in the number of newspapers and the offices who required them, it was determined that a new contract vehicle (Blanket Purchase Agreement, or BPA) was needed that was flexible to accommodate these changes. On September 2, 2014, 100% Total Small Business Set- Aside under NAICS Code 492210 was awarded two BPAs to National News Agency (T14BPA002) and Southwest Distribution (T14BPA003). Now that Treasury has reached the end of Agreements, Treasury would like to renew these BPAs.

For Fiscal Year 2020, 22 Program Offices have ordered daily delivery of the following Newspapers/Magazines to Main Treasury, the Freedman’s Bank Building, 1801 L Street, and 1722 Eye Street:

Financial Times (Monday-Friday, Saturday) – 28 New York Times – 21 USA Today – 8 Wall Street Journal – 28 Washington Post – 22 Issues Washington Times- 0 The Economist (Weekly) – 20 New York Post – 6 International New York Times – 2 Atlantic Monthly (Monthly) – 0 Bloomberg Businessweek (Weekly) – 8 New Republic (Monthly) – 0 New Yorker (Monthly) – 0 Time (Weekly) – 0 Washington Business Journal (Monthly) – 0 Weekly Standard (Monthly) – 0 Foreign Affairs (Monthly) – 0

It is anticipated more program offices using this service over multiple Treasury satellite office locations, on a rolling basis, as the current BPAs allow. The number of anticipated copies may change from zero (0) through 28 pending future requirements of office locations.

RFQ 2032H320Q00018 13

2. SCOPE

This contract is for a Blanket Purchase Agreement, or BPA, for daily newspaper and magazine deliveries, with the following conditions:

Daily delivery Open to all of Treasury’s Departmental Offices, at any Treasury satellite office location, who would like to use this service Issue orders would be available on a rolling basis Capability to prorate costs:

o If individual subscriptions are canceled during the fiscal year o Quarterly or biannual subscriptions

3. APPLICABLE DOCUMENTS

N/A

4. SPECIFIC TASKS

Upon receipt of any order issued hereunder by the Contracting Officer (CO), the Contractor, pursuant to such an order, shall furnish to the Government, services and data requested at or below the prices set forth in the BPA. Orders under the BPA shall be issued at the sole option of the Government.

The contractor shall provide delivery of print newspapers and/or magazines each weekday morning, excluding federal holidays and on designated Saturdays. Delivery of newspapers/magazines published on the weekend will occur on Monday, or the next business day if Monday is a federal holiday. If the federal government is closed, delivery will occur on the next business day the federal government is open. The contractor shall provide the specified number of print copies for each instance the periodical is published. The newspapers/magazines will be delivered to the locations specified on the Award orders. The newspapers will be delivered by 7:00am, and the person making the delivery will contact the Treasury Mail Room via cellphone, and then wait with the newspapers until that are inspected by the U.S. Secret Service and picked up by a representative from the U.S.

Department of Treasury Mail Room.

5. GOVERNMENT-FURNISHED EQUIPMENT AND GOVERNMENT-FURNISHED

INFORMATION

N/A

6. PLACE OF PERFORMANCE

Services and supplies will be delivered to the Treasury Office Mailroom and/or other Treasury satellite offices, as specified above, and a vendor representative will be available for customer service during normal business hours.

7. PERIOD OF PERFORMANCE

RFQ 2032H320Q00018 14

The period of performance for the BPA will be from March 1, 2020 through February 28, 2021 referred to as the Base Period and includes four (4) one-year option periods, which may be unilaterally exercised by the Government. All terms and conditions applicable to the base period shall extend to the options periods unless otherwise agreed upon. The BPA will be reviewed annually, at the beginning of each option period, to ensure that it still represents a “best value” to the Government. The BPA period of performance shall not exceed five (5) years with an option of a six-month extensions IAW FAR Clause 52.217-8 found within this BPA. The anticipated period of performance is Base: 3/1/2020-2/28/2021 Option Year 1: 3/1/2021-2/28/2022 Option Year 2: 3/1/2022-2/28/2023 Option Year 3: 3/1/2023-2/28/2024 Option Year 4: 3/1/2024-2/28/2025

The Contracting Officer may terminate for convenience the BPA at any time by providing at least 30 days written notice to the contractor. The parties understand that termination of the BPA does not constitute termination of any impending order (order in which the contractor has submitted an otherwise acceptable quote and selected for award) or active order issued prior to the termination notice.

8. INSPECTION AND ACCEPTANCE

Newspapers/magazines will be inspected daily. If any issues are missing, the vendor will be notified, and the contractor shall supply missing issues the same day as the notification.

9. WORK HOURS

Subscription service Point of Contact (POC) is available during normal business hours to address Government activities.

10. SECURITY

Unclassified.

11. Evaluation of Quotes

Offers will be evaluated on Past Performance and Price in descending order of importance. Responses to this combined synopsis/solicitation must be prepared in two parts:

Past Performance and Price. See Provision 52.212-2. Attachment 1 Past Performance Questionnaire Report Pricing must include option year prices

RFQ 2032H320Q00018 15

INSTRUCTIONS TO OFFEROR

The Offeror(s) shall provide responses to this RFQ in accordance with the instructions in this section:

(1) Provide pricing on the attached SF18 (Request for Quotation) by completing blocks 17(a), 20, 30(a)-(c), and 24, and

(2) Complete highlighted portions of the following provisions:

a. FAR 52.209-2

b. FAR 52.209-11

c. FAR 52.212-3

d. FAR 52.219-1

e. FAR 52.222-22

f. FAR 52.222-25,

g. DTAR 1052.209-70

QUOTE DUE DATE/TIME

Responses to this RFQ shall be provided via email to Ontario Jackson at ontario.jackson@irs.gov no later than 12:00PM, Eastern Standard Time (EST) on February 20, 2020.

Questions are due no later than 5:00PM, EST, 14 February 2020

RFQ 2032H320Q00018 16

CONTRACT CLAUSES – TERMS AND CONDITIONS

FAR 52.252-2 – Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://Beta.SAM.Gov

(End of clause)

The following clauses are incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Number Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT OCT 2018

MAINTENANCE

52.233-1 DISPUTES MAY 2014

52.233-4 APPLICABLE LAW FOR BREACH OF OCT 2014

CONTRACT CLAIM

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED JUN 2013

OBLIGATIONS

The following clauses are incorporated by full text:

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Jan 2020)

Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Jan 2020)

(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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

RFQ 2032H320Q00018 17

__ (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).

__ (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 of 2009.)

X_(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).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10)[Reserved].

__ (11)

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

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (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) of 52.219-7.

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

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)) __ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

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

__ (v) Alternate IV (Aug 2018) of 52.219-9 __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

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

RFQ 2032H320Q00018 18

__ (20) 52.219-16, Liquidated Damages-Subcontracting 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 (Oct 2019) (15 U.S.C. 657f).

X (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)).

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

X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

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

X (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (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) of 52.222-35.

X (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 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).

X_ (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 of EPEAT®-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 of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

RFQ 2032H320Q00018 19

__ (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).

__ (41) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X (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. 552 a).

__ (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) of 52.225-3.

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

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

__ (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (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)).

X (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.

RFQ 2032H320Q00018 20

__ (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.] __ (1) 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)

(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

RFQ 2032H320Q00018 21

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 (Oct 2015) (41 U.S.C. 3509).

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

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

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

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

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

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

(xii) 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.

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

(xiv)

(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).

(xv) 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).

(xvi) 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).

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

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

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

(xx)

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

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

(xxi) 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).

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(xxii) 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.

(xxiii) 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)

DTAR 1052.201-70 Contracting Officer's Representative (COR) appointment and authority (APR 2015)

(a) The COR is Hadass Kurtis,

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;

(2) Constitutes a change as defined in the clause entitled “Changes”;

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the Contractor's employees.

(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

(f) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”

(End of clause)

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DTAR 1052.210-70 – Contractor Publicity (Apr 2015)

The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the supplies or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such supplies or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this clause may be considered as part of the evaluation of past performance.

(End of clause)

FAR 52.217-8 – Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to the expiration of the contract.

(End of clause)

FAR 52.217-9 – Option to Extend the Term of the Contract (Mar 2000)

a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of Clause)

DTAR 1052.232-7003 - Electronic Submission of Payment Requests (Apr 2015)

(a) Definitions. As used in this clause—

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.

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(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

(End of clause)

Electronic Invoicing and Payment Requirements for the Invoice Processing Platform (IPP)

Invoice Processing Platform (IPP) is a secure web-based electronic invoicing and payment information service available to all Federal agencies and their suppliers. The preferred method for invoicing through September 30, 2012 is through IPP. Effective October 1, 2012 invoicing through IPP will be mandatory for all new contract awards. Additional information regarding IPP may be found at the IPP website address https://www.ipp.gov. Contractor assistance with enrollment can be obtained by contacting the Bureau of the Public Debt’s IPP Team at 304-480-8000, Option 7 or the IPP Help desk via e-mail at ippgroup@bos.frb.org or via phone at (866) 973-3131.

Electronic Invoicing and Payment Requirements

Vendor invoices submitted electronically through IPP should be in the proper format and contain the required information for payment processing. A “proper invoice” must meet the minimum standards specified in FAR 32.905(b) in order to be approved for payment.

Under this contract, the following documents are required to be submitted as an attachment to the invoice:

Payment and Invoice Questions

For payment and invoice questions, contact the Accounting Services Division at (304) 480-8000 option 7 or via e-mail at AccountsPayable@bpd.treas.gov.

Waivers

If the Contractor is unable to utilize IPP for submitting payment requests starting on October 1, 2012 then a waiver form must be completed in advance and submitted via mail or e-mail for review and approval by the Contracting Officer (see Attachment 1). Adobe Acrobat Portable Document Format (PDF) and Microsoft Word are acceptable formats for submitting waivers electronically. The vendor will be notified in a reasonable number of days as to whether their waiver has been approved or rejected. If the waiver is granted, then a copy of the waiver must be submitted with each invoice that the vendor submits to the payment office.

Order Administration

In no event shall any understanding or agreement, order modification, change order, or other matter in deviation from the terms of this order between the Contractor and a person other than the Contracting Officer be effective or binding upon the Government.

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this order and, notwithstanding any provisions contained elsewhere in this order, the said authority remains solely with the Contracting Officer.

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In the event the Contractor makes any changes at the discretion of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the order price to cover any increase in the costs incurred as a result thereof.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) PROVISIONS

Number Title Date

52.203-18 PROHIBITION ON CONTRACTING WITH JAN 2017

ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS –

REPRESENTATION

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

FAR 52.252-1 - Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The vendor is cautioned that the listed provisions may include blocks that must be completed by the vendor and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the vendor may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address (es):

(End of provision)

FAR 52.209-2 – Prohibition on Contracting with Inverted Domestic Corporations--Representation (Nov 2015)

(a) Definitions. “Inverted domestic corporation” and “subsidiary” have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that—

(1) It [_] is, [_] is not an inverted domestic corporation; and

(3) It [_] is, [_] is not a subsidiary of an inverted domestic corporation.

(4)

(End of provision)

FAR 52.209-11 - Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Feb 2016)

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(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [_] is not [_] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [_] is not [_] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

FAR 52.212-3 Offeror Representations and Certifications – Commercial Items (Dec 2019)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204- 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

RFQ 2032H320Q00018 27

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

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

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

“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

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those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.“Sensitive technology”—

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i)To restrict the free flow of unbiased information in Iran; or

(ii)To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

RFQ 2032H320Q00018 29

“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 with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1)Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

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

“Veteran-owned small business concern” means a small business concern—

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

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13…