Solicitation_AG-6395-S-17-0007.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

APHIS-MRPBS-ASD-6395

100 N 6TH STREET

Butler Square, 5th Floor ASD Procurement Branch

USDA APHIS MRPBS

CODE 16. ADMINISTERED BYCODE

X

811219

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORAPHIS-MRPBS-ASD-6395

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

11/18/2016 1700 CT

11/14/2016

612-336-3364LISA DRAVES

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-6395-S-17-0007

5. SOLICITATION NUMBER

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

1 36 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

MINNEAPOLIS MN 55403

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

MINNEAPOLIS MN 55403

100 N 6TH STREET

Butler Square, 5th Floor ASD Procurement Branch

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$20.50

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA APHIS MRPBS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Recalibration of Micropack III (MPIII) Temperature Data Loggers.

The Government intends to award a commercial Indefinite-Delivery Indefinite-Quantity (IDIQ) contract for services to refurbish and recalibrate MPIII temperature loggers.

Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

DATED

LISA A. DRAVES

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

x x 100 x

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

36 2 of

AG‐6395‐S‐17‐0007

NOTES TO QUOTERS

1. Quotations must include the following information:

a. Cover page referencing the solicitation number, company name, address, point of contact, and company DUNS number.

b. Completed Pricing Schedule

c. Quality Assurance Plan (5 pages maximum). Include a narrative to demonstrate how the quoter’s technical capabilities and approach will ensure effective quality assurance in performing these services.

d. Past Performance References – Submit past performance references for three (3) projects performed by the vendor within the past three years.

Submit quotations and questions by email to Lisa Draves at lisa.a.draves@aphis.usda.gov .

2. Quotations will be evaluated in accordance with 52.212‐2, Evaluation – Commercial Items (pg. 17).

3. The quantities listed in the Pricing Schedule are estimates for evaluation purposes only and are not intended to convey either a minimum or maximum quantity that will be ordered by the Government. Contract and task order minimums and maximums are addressed in the following clauses: 52.216‐19 “Order Limitations” and 452.216‐73 “Minimum and Maximum Contract Amounts”. The unit price that will be paid will not be changed based on the quantity actually ordered by the Government. The ultimate contract price for any given ordering period will be the sum of the task orders issued during that period.

4. The resulting contract will incorporate the Service Contract Act wage determination applicable to the geographic location of performance identified by the successful vendor.

5. Vendors must be registered in the System for Award Management (www.sam.gov), including current online representations and certifications no later than the solicitation response date/time.

6. The United States Department of Agriculture Animal and Plant Health Inspection Service (USDA APHIS) is an agency of the Federal Government and is tax exempt (Tax ID# 41‐0696271).

7. In accordance with Federal Acquisition Regulation (FAR) Subpart 9.1, a prospective contractor may be requested to provide additional information in order to assist the Government in making a responsibility determination.

PRICING SCHEDULE

BASE PERIOD (12 months from date of award)

Item Description Est Qty

Unit Unit Price Total

0001 Refurbish and recalibrate MPIII loggers 150 EA $ $

OPTION 1 PERIOD (12 months)

Item Description Est Qty

Unit Unit Price Total

0001 Refurbish and recalibrate MPIII loggers 150 EA $ $

OPTION 2 PERIOD (12 months)

Item Description Est Qty

Unit Unit Price Total

0001 Refurbish and recalibrate MPIII loggers 150 EA $ $

TOTAL AMOUNT (BASE YEAR AND OPTIONS 1 AND 2) $

PERFORMANCE WORK STATEMENT

This is an Indefinite‐Delivery Indefinite‐Quantity type contract for refurbishing and recalibrating Micropack III (MPIII) Temperature Data Loggers, manufactured by Mesa Laboratories, Inc. The contract period includes a base year and two option years.

Work will be ordered through the issuance of individual task orders as the requirements of the U.S.

Department of Agriculture (USDA) are defined. Each task order will include the specific requirements related to the work covered by the task order, and delivery or performance requirements. Task order prices will be in accordance with the fixed unit price established in the pricing schedule. Contract and task order minimums and maximums are addressed in the following clauses: 52.216‐19 “Order Limitations” and 452.216‐73 “Minimum and Maximum Contract Amounts”.

The contractor shall furnish all labor, tools/equipment, computer hardware & software, and materials required to refurbish and recalibrate the Micropack III (MPIII) Temperature Data loggers. All work shall be performed by factory trained and certified engineers. Services shall include the following:

1) Recalibration of single channel MPIII Temperature Data logger. The contractor shall perform a complete 17‐point calibration on loggers for a temperature range of ‐20° to 140° C. This calibration shall be NIST–traceable and performed in an ISO17025 accredited laboratory. The contractor will interface with each logger via DataTrace Pro software (DT PRO v 1.2) and PC Interface to upgrade/ update firmware and logger’s electronic components as necessary during recalibration servicing.

2) Basic repairs and maintenance of logger body and its parts.

a. Basic repairs shall include all repairs necessary for the logger to function within an acceptable range of calibration and to perform in good working order, provided the logger is in salvageable condition when received by the contractor.

b. The contractor shall perform all necessary repairs to damage caused by intrinsic logger failure.

c. The contractor shall have the ability to diagnose and repair, replace, and or apply preventive maintenance on logger body and electronic & peripheral parts at no extra cost.

3. Battery change/ replacement of each logger. The contractor shall replace batteries with manufacturer approved batteries only. Using unapproved batteries will invalidate the logger’s ATEX ratings and invalidate warranty.

4. Calibration Certificate. To include 17 points for the logger (temperature range of ‐20° to 140° C), its Reference, the Difference, the Tolerance, Result (pass/ fail), and U (reported uncertainty).

5. Service Report and (if applicable) quote for additional repairs If, during serving, a repair is identified and determined not to have been caused by intrinsic logger failure (including corrosion) AND if the value of repairing the damage is worth more than 50% of the cost of building a new logger, the logger will be deemed unsalvageable. If a logger is determined to be unsalvageable, the contractor shall include a quote for repairing the damage, which includes a price breakdown in sufficient detail to permit an analysis of profit, and of all costs for material, labor, equipment, subcontracts, and overhead.

The contractor shall provide the Government at least the same warranty terms offered to the general public in customary commercial practice, provided such warranty is available at no additional cost to the Government. At minimum, the contractor shall provide an extended warranty of 6 months from date of last service on hardware and calibration if logger is found to be failing for the same reason of its last service. If the damage is caused by intrinsic logger failure, all necessary repairs will be covered in the standard service cost.

Services shall be performed at the Contractor’s facility. Upon issuance of a task order, the Government will deliver loggers to the Contractor’s facility located at 12100 W. 6th Avenue, Lakewood, CO 80228‐ 1252.

Repaired Loggers shall be returned within 30 days following the receipt of a task order and loggers to be serviced. The contractor is responsible for delivery of the serviced loggers to the Government facility. Return delivery from the contractor’s facility to the Government’s facility is FOB Destination and shall be coordinated with the Government’s Technical Point of Contact.

Government Facility Address:

USDA APHIS PPQ

455 E. Lanikaula Street Hilo, HI 96720

Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204‐18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JULY 2016)

52.212‐4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (MAY 2015)

ADDENDUM TO 52.212‐4:

The following paragraph is amended as follows:

Paragraph (g), Invoices, is revised to include the following statement: “All invoices shall be submitted through the Invoice Processing Platform (IPP) at www.ipp.gov. IPP is a secure, web‐based service that manages government invoicing.”

52.232‐40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

52.245‐1 GOVERNMENT PROPERTY – ALTERNATE I (APR 2012)

52.245‐9 USE AND CHARGES (APR 2012)

52.247‐34 F.O.B. DESTINATION (NOV 1991)

52.252‐2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

CLAUSES INCORPORATED BY FULL TEXT:

52.212‐5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS ‐‐ COMMERCIAL ITEMS (NOV 2016)

(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) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(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) (Public Laws 108‐77, 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:

___ (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 (Jun 2010) (Section 1553 of Pub L. 111‐5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

X___ (4) 52.204‐10, Reporting Executive compensation and First‐Tier Subcontract Awards (Oct 2016) (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 (Jul 2013) (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]

X___ (14) (i) 52.219‐6, Notice of Total Small Business 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 (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219‐9, Small Business Subcontracting Plan (Nov 2016) (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 (Nov 2016) 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 (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (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 (Nov 2011) (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 (Oct 2016) (E.O.

13126).

X___ (27) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

X___ (28) 52.222‐26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (29) 52.222‐35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (30) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (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 (Mar 2015) (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). (E. O. 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.)

___ (36) 52.222‐60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

___ (37) (i) 52.223‐9, Estimate of Percentage of Recovered Material Content for EPA‐Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)

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

X___ (38) 52.223‐11, Ozone‐Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (39) 52.223‐12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (40) (i) 52.223‐13, Acquisition of EPEAT® ‐Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223‐13.

___ (41) (i) 52.223‐14, Acquisition of EPEAT® ‐Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223‐14.

___ (42) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (43) (i) 52.223‐16, Acquisition of EPEAT® ‐Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223‐16.

X___ (44) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (45) 52.223‐20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223‐21, Foams (Jun 2016) (E.O. 13696).

X___ (47) 52.225‐1, Buy American‐‐Supplies (May 2014) (41 U.S.C. chapter 83).

___ (48) (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.

___ (49) 52.225‐5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (50) 52.225‐13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (51) 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).

___ (52) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.232‐29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505), 10 U.S.C. 2307(f)).

___ (55) 52.232‐30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X___ (56) 52.232‐33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232‐34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (58) 52.232‐36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (59) 52.239‐1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (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.

(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:

___ (1) 52.222‐17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

X___ (2) 52.222‐41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

X___ (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).

X___ (4) 52.222‐43, Fair Labor Standards Act and Service Contract Labor Standards ‐‐ Price Adjustment (Multiple Year and Option Contracts) (May 2014) (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).

X___ (8) 52.222‐55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (10) 52.237‐11, Accepting and Dispensing of $1 Coin (Sep 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.

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

(ii) 52.219‐8, Utilization of Small Business Concerns (Nov 2016) (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.

(iii) 52.222‐17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222‐17.

(iv) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222‐26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

(ix) 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.

(x) 52.222‐41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) _X___ (A) 52.222‐50, Combating Trafficking in Persons (Mar 2015) (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 E.O. 13627).

(xii) 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.)

(xiii) 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)

(xiv) 52.222‐54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv) 52.222‐55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222‐60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xviii) 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).

(xix) 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.

(xx) 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)

52.216‐18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of award through the date of expiration.

The term of the base year shall be from the date of award of the contract through 12 months. The Government has the option to extend the term of this contract for two additional periods (Options 1 and 2), each for 12 month periods. The Contracting Officer may exercise an option period by written notice to the Contractor in accordance with clause 52.217‐9, Option to Extend the Term of the Contract.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

52.216‐22 INDEFINITE QUANTITY

(a) This is an indefinite‐quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 days after contract expiration.

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.

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 at any time prior to the expiration of the base period or preceding option period. Exercise of any option shall be evidenced on a Standard Form 30. An option shall be considered to have been exercised: (1) at the time the Government transmits written notification to the Contractor if the transmission is by fax, email, or other electronic means; or (2) at the time the Government deposits the notification in the mail.

(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 three years and six months.

452.216‐73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

During the base period specified in FAR clause 52.216‐18, ORDERING, the Government is obligated to order the servicing of no less than 20 loggers during the base period. Task orders will not exceed a cumulative amount of $150,000 from date of award through date of contract expiration.

PROVISIONS

PROVISIONS INCORPORATED BY REFERENCE:

52.204‐16, COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

52.204‐17, OWNERSHIP OR CONTROL OF OFFEROR (JUL 2017)

52.204‐20, PREDECESSOR OF OFFEROR (JUL 2016)

52.212‐1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT 2016)

52.252‐1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

PROVISIONS INCORPORATED BY FULL TEXT:

52.204‐20 PREDECESSOR OF OFFEROR (JULY 2016)

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

“Commercial and Government Entity (CAGE) code” means‐‐

(1) An identifier assigned to entities located in the United States and its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

“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 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.

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ________ (or mark “Unknown”).

Predecessor legal name: ______________________________.

(Do not use a “doing business as” name).

(End of provision)

52.212‐2 EVALUATION ‐‐ COMMERCIAL ITEMS (OCT 2014)

(a) Evaluations will be conducted in accordance with Simplified Acquisition Procedures (FAR Part 13). The Government will award a contract resulting from this solicitation to the responsible firm whose quote 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:

Price Quality Assurance Past Performance

(b) Options. The Government will evaluate quotations for award by adding the total price for all options to the total price for the basic requirement. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) This is a best value trade‐off procurement. The Government reserves the right to award to other than the lowest price quoter. Vendors are responsible for ensuring completeness of quotations. The Government may evaluate solely on the information provided in the quotation and not assume that a firm possesses any capability that is not specifically identified in the quotation. Quotations that reject the terms of the solicitation may be excluded from consideration. Alternate Pricing Schedules will not be considered.

Quotations must include a price for all items in the solicitation to be eligible for award.

52.212‐3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS ‐‐ COMMERCIAL ITEMS (OCT 2016)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (s) of this provision.

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means‐‐

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’ “. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA‐approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are‐‐

(1) Department of Labor Wage and Hour Division (WHD) for‐‐

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis‐Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for‐‐

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA‐approved State Plans;

(4) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for‐‐

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(5) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(6) Equal Employment Opportunity Commission (EEOC) for‐‐

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

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

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

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

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

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

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

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

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis‐Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA‐approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of “labor laws”.

“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 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‐‐

(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.

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

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

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

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

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

“Women‐owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women‐owned small business concern” means a small business concern ‐‐

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

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

(b)

(1) Annual…