B.02.15 Solicitation (23Q0021) FINAL.pdf

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Attached to
Ice Harbor Dam 480v Circuit Breakers Federal contract opportunity
Solicitation number
W912EF23Q0021
Issued by
Department of the Army Corps of Engineers Engineering District Walla Walla

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B.08.05 Amendment Two (23Q0021) FINAL.pdf PDF
B.08.03 Solicitation Amendment Three (23Q0021) FINAL.pdf PDF
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SU4 - 1A - 350A breaker label - right picture.jpg JPG image
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SU4 - 2F picture.jpg JPG image
SU 4 - 1A - 350A breaker picture.jpg JPG image
MCC lineups.pdf PDF
B.08.03 Solicitation Amendment One (23Q0021) FINAL.pdf PDF
A.02.05 Limited Source Justification (23Q0021) FINAL_Redacted.pdf PDF

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SEE ADDENDUM

(No Collect Calls)

W912EF23Q0021 10-Feb-2023

b. TELEPHONE NUMBER

509-527-7504

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 24 Feb 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912EF9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

RICHARD A HARVEY

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USAED, WALLA WALLA - CONTRACTING DIV.

RICHARD HARVEY

201 N. THIRD AVENUE

WALLA WALLA WA 99362-1876

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 960502 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

ARMY CORPS OF ENGINEERS

PERFORMANCE SPECIALIST

ICE HARBOR

2763 MONUMENT DRIVE

BURBANK WA 99323-8639

TEL: 509-543-6068 FAX: 509-543-3201

509-527-7802FAX:

TEL: 509-527-7504 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

335999

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF50

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912EF23Q0021

Section SF 1449 - CONTINUATION SHEET

INSTURCTIONS TO OFFERORS

INSTRUCTIONS TO OFFERORS

US Army Corps of Engineers has a requirement to furnish complete 480V MCC units and molded-case circuit breakers indicated in the salient characteristic in the Specifications for Ice Harbor Lock and Dam. All items must be purchased from the same manufacturer and multiple quantity items must be purchased at the same time. A bucket will be one of the following unit types: starter unit or feeder unit. All units will include at least one molded-case circuit breaker.

Registration at www.sam.gov is required. Failure to register in the SAM database will make an offeror ineligible for award. Effective 29 April 2018, the notarized letter process is now mandatory on all CURRENT registrants at SAM who have a requirement to update data on their SAM record. The notarized letter is mandatory and is required in order for the GSA Federal Service Desk (FSD) to activate the entity's registration. Both Federal Assistance entities and all non-Federal entities must mail the original, signed copy of the notarized letter to the Federal Service Desk. Failure to do so within 30 days of activation may result in the registration no longer being active. Mail the completed, signed, notarized letter to:

FEDERAL SERVICE DESK

ATTN: SAM.GOV REGISTRATION PROCESSING

460 INDUSTRIAL BLVD

LONDON, KY 40741-7285

UNITED STATES OF AMERICA

Completion of the required FAR 52.212-3, Offeror Representations and Certifications – Commercial Items is required. When you complete your SAM registration, the link to complete your Representations and Certifications is also available. Please do not hesitate to contact myself Richard Harvey prior to the date of this quote closing for any assistance, or the SAM web site help desk for assistance or questions.

TO ENSURE RECEIPT OF YOUR QUOTE, PLEASE SEND TO THE ATTENTION OF RICHARD

HARVEY @ Richard.a.harvey@usace.army.mil

If you have any questions or concerns regarding the Request for Quote, please contact myself Richard Harvey by email to richard.a.harvey@usace.army.mil

Please return all pages of this request for quote. Be sure to also complete Blocks 17a, 30a, 30b, and 30c on page 1.

Name: _____________________________________________________________

Contact Telephone Number: ____________________________________________

Email Address: __________________________________________________________________

Company’s Federal Tax Identification Number: ____________________________________________

CAGE CODE: _________________________ DUNS Number ________________________________

UNIQUE IDENTIFICATION CODE:____________________________________

The System for Award Management (SAM) is online. SAM replaces CCR/FedReg, ORCA, and EPLS.

If you have been using those systems, you should now go to www.sam.gov to find your information.

Completion of FAR 52.212-3 Offeror Representations and Certifications–Commercial Items – Alternate 1 (May 2014). Electronic completion is encouraged (see https://www.acquisition.gov to download Representations and Certifications).

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.

In accordance with FAR Part 29.3 – State and Local Taxes, and per Title 4 of US Code 104-107, the Government is exempt from paying state and local taxes. Exempt tax identification number 91-8028090.

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

Submission of Price Quote – Offeror shall submit 1 copy of the following:

1. Signed and dated Standard Form 1449 (Solicitation/Contract/Order for Commercial Items)

2. Signed and dated Standard Form 30, if applicable, for any Amendments to the Solicitation

3. Completed schedule (pricing information) for all contract line item numbers

4. Completed Clause 52.212-3 and Alt I, “Offeror Representations and Certifications—Commercial Items” as noted above.

PRICES QUOTED MUST BE VALID FOR 30 DAYS. Solicitation shall result in a firm-fixed-price (FFP) contract.

All pricing shall include shipping FOB destination (include shipping cost in price).

BUSINESS HOURS: The standard business hours for the Walla Walla District, Corps of Engineers are Monday through Friday from 8:00 a.m. to 4:00 p.m., excluding federal holidays.

BASIS FOR AWARD

The Government will award one contract resulting from this solicitation in accordance with FAR 13.106 to the responsible offeror meeting or exceeding all solicitation requirements and representing the best value to the government based on PRICE only. The government does not intend to have discussions with offerors so please ensure that all information required in the Technical Specifications is provided with your quote. Technical Specifications provided by you the vendor to be evaluated by a government representative that do not meet or exceed the technical specifications solicited will be determined unacceptable and will not be subject for an award.

SPECIFICATIONS

TECHNICAL SPECIFICATIONS

ICE HARBOR LOCK AND DAM

480V Breaker/Bucket Replacement for SU and CQO Motor Control Centers

BACKGROUND

480V motor control centers (MCCs) for generators and auxiliary systems were installed when Ice Harbor Lock and Dam was built. The breakers and control systems in these MCCs are failing and replacement parts are difficult to locate or can’t be purchased. Installing new components into an existing MCC compartment (bucket/unit) can require modifications or may not fit. Replacing the entire bucket is easy to implement and cost less when accounting for labor. The following specifications pertain to the purchase of 480V buckets and breakers for existing MCCs to replace failing components.

SCOPE OF WORK

The successful offeror shall furnish complete 480V MCC units and molded-case circuit breakers indicated in the Bid Item List with salient characteristic stated below. All items must be purchased from the same manufacturer and multiple quantity items must be purchased at the same time. A bucket will be one of the following unit types: starter unit or feeder unit. All units will include at least one molded-case circuit breaker.

1. MCC starter unit with 350A circuit breaker without starter, red/green lights, elapse time meter, Eaton part number FJK1W14B12M12P10P11U13U17T11Z1, except no motor starter, with the following salient features:

1.1. Fits in a Westinghouse Type 11-300 MCC with a door 20 inches wide and 42 inches in height

1.2. 480VAC service voltage

1.3. 120VAC control voltage

1.4. 350 Amp Molded-Case Circuit Breaker

1.4.1. 480VAC

1.4.2. 3 poles

1.4.3. Interrupt Rating 65kAIC symmetrical

1.4.4. Thermal-magnetic trip unit

1.4.5. Form C bell alarm contact

1.5. Mini elapsed time meter

1.6. Red “RUN” light

1.7. Green “STOPPED” light

1.8. 14-gauge control wire

1.9. Wiring diagram inside starter unit door

1.10. Terminal strip

2. MCC starter unit with 40A circuit breaker, NEMA 2 starter, red/green lights, Eaton part number

FJ206EEASC12B18P10P11K16T11U13U17Z1Z2, except a 40 Amp breaker in place of a 50 A breaker, with the following salient features:

2.1. Fits in a Westinghouse Type 11-300 MCC with a door 20 inches wide and 14 inches in height

2.2. 480VAC service voltage

2.3. 120VAC control voltage

2.4. 40 Amp Molded-Case Circuit Breaker

2.4.1. 480VAC

2.4.2. 3 poles

2.4.3. Interrupt Rating 65kAIC symmetrical

2.4.4. Thermal-magnetic trip unit

2.4.5. Form C bell alarm contact

2.5. NEMA 2 starter

2.5.1. 100 VA control power transformer, fused

2.5.2. A200 Starter

2.5.3. Bi-metallic overload

2.6. Red “RUN” light

2.7. Green “STOPPED” light

2.8. 14-gauge control wire

3. 70 Amp Molded-Case Circuit Breaker with the following salient features:

3.1. 480VAC

3.2. 3 poles

3.3. Interrupt Rating 65kAIC symmetrical

3.4. Thermal-magnetic trip unit

3.5. Form C bell alarm contact

4. 50 Amp Molded-Case Circuit Breaker with the following salient features:

4.1. 480VAC

4.2. 3 poles

4.3. Interrupt Rating 65kAIC symmetrical

4.4. Thermal-magnetic trip unit

4.5. Form C bell alarm contact

5. 30 Amp Molded-Case Circuit Breaker with the following salient features:

5.1. 480VAC

5.2. 3 poles

5.3. Interrupt Rating 65kAIC symmetrical

5.4. Thermal-magnetic trip unit

5.5. Form C bell alarm contact

6. 20 Amp Molded-Case Circuit Breaker with the following salient features:

6.1. 480VAC

6.2. 3 poles

6.3. Interrupt Rating 65kAIC symmetrical

6.4. Thermal-magnetic trip unit

6.5. Form C bell alarm contact

7. Circuit Breaker Accessory Handle Mechanism, Eaton part number HM1R12 with the following salient features:

7.1. Through-the-door handle mechanism

7.2. Rotary handle

7.3. Fits on an Eaton F-frame circuit breaker

7.4. 12 inch shaft

SPECIFICATIONS

3.1 References

Unless noted otherwise, the design, fabrication, testing, and performance of all systems/components shall be in accordance with the standards and codes, where applicable, of the following agencies most recent releases:

1. National Electrical Manufacturers Association (NEMA)

2. American National Standards Institute (ANSI)

3. National Electric Code (ANSI/NFPA 70)

4. Institute of Electrical and Electronic Engineers (IEEE)

5. International Electrotechnical Commission (IEC)

6. Underwriters Laboratories (UL)

3.2 Equipment

3.2.1 Motor Controllers

Conform to NEMA ICS 1, NEMA ICS 2, and UL 508 for motor controllers. Ensure controllers have thermal overload protection in each phase.

3.2.1.1 Magnetic Motor Controllers

3.2.1.1.1 Full-Voltage Controllers

Provide full-voltage, full-magnetic devices for the control and protection of single- and three-phase, 60 Hz, squirrel-cage induction motors in accordance with NEMA ICS 1, NEMA ICS 2, and UL 508 for magnetic motor controllers.

Ensure that the operating coil assembly operates satisfactorily between 85 percent and 110 percent of rated coil voltage. Provide 120 V, 60 Hz motor control circuits.

Provide the controllers with two normally open and two normally closed auxiliary contacts rated according to NEMA ICS 1 and NEMA ICS 2, in addition to the sealing-in contact for the control circuits.

Provide solderless pressure wire terminal connectors for line and load connections to the controllers.

Include three manual-reset thermal-overload devices for overcurrent protection, one in each pole of the controller. Provide thermal-overload relays of bimetallic type with continuous-current ratings and service-limit current ratings. Ensure that ratings have a plus or minus 15 percent adjustment to compensate for ambient operating conditions.

Provide an externally operable manual-reset button to reestablish control power to the holding coil of the electromagnet. After the controller has tripped from overload, ensure that resetting the motor-overload device does not restart the motor.

3.2.1.2 Combination Motor Controllers

The following requirements are in addition to the requirements specified for magnetic motor controller:

Provide combination motor controllers for the control and protection of single- and three-phase, 60 Hz, AC squirrel-cage induction motors with branch-circuit disconnecting and protective devices in accordance with NEMA ICS 1, NEMA ICS 2, and NEMA ICS 6.

For combination motor controllers, include magnetic motor controllers and molded-case circuit breakers or motor circuit protectors (MCPs) in metal enclosures in accordance with NEMA 250 or MCC draw-out assemblies with control-power transformers, selector switches, pushbuttons, and indicating lights as follows:

(1) Provide full-voltage, full-magnetic devices for magnetic motor controllers and enclosures.

(2) Provide thermal-magnetic breakers for molded-case circuit breakers.

(3) Provide control-power transformers 120 VAC maximum, selector switches, pushbuttons, and pilot lights as required. Red light indicates “Run” and green light indicates “Stop”.

(4) Identify combination motor controllers with identification plates affixed to the front cover of the controller.

3.2.2 Molded-Case Circuit Breakers

Protective devices shall be UL489 Listed molded case circuit breakers with inverse time and instantaneous tripping characteristics.

Circuit breakers shall be operated by a toggle-type handle and shall have a quick-make, quick-break over-center switching mechanism that is mechanically trip-free. Automatic tripping of the breaker shall be clearly indicated by the handle position. Contacts shall be non-welding silver alloy and arc extinction shall be accomplished by means of DE-ION arc chutes. A push-to-trip button on the front of the circuit breaker shall provide a local manual means to exercise the trip mechanism.

Circuit breakers shall have a minimum symmetrical interrupting capacity as stated in salient characteristics.

For enhanced load protection and safety, all molded-case circuit breakers from 15 – 600 amps with interrupting ratings of 65kAIC (480V) / 100kAIC (240V) and higher shall be UL listed as current limiting type.

Where indicated provide UL listed circuit breakers for applications at 100% of their continuous ampere rating in their intended enclosure.

Circuit breakers 600-ampere frame and below shall be have thermal-magnetic trip units and inverse time-current characteristics.

3.2.3 Control Devices

3.2.3 Low Voltage Contactors

Provide magnetic contactors in accordance with NEMA ICS 1 and NEMA ICS 2 as required for the control of low-voltage, 60-Hz, primary windings of low-voltage transformers.

Provide core-and-coil assembly that operates satisfactorily with coil voltage between 85 percent and 110 percent of its voltage rating.

Provide contactors that are designed with a normally open holding-circuit auxiliary contact for control circuits, with a rating in accordance with NEMA ICS 1 and NEMA ICS 2.

Furnish solderless pressure wire terminal connectors, or make available for line and load connections to contactors in accordance with NEMA ICS 1 and NEMA ICS 2.

Provide magnetic contactors with a rating in accordance with NEMA ICS 1 and NEMA ICS 2.

3.2.3.1 Electromechanical Contactors

Contactors shall have UL certification to achieve IEC 947, type 2 coordination when subjected to 100,000 ampere short-circuit fault currents.

Magnetic contactors through NEMA Size 9 shall be equipped with double break silver alloy contacts.

Coils shall be of molded construction through NEMA Size 9.

Coils shall be permanently marked with voltage, frequency and part number.

NEMA Size 00 through 2 contactors shall be suitable for adding a minimum of any combination of six (6) normally open or normally closed contacts. Size 3 through 8 contactors shall be suitable for the addition of up to eight (8) external auxiliary contacts of any combination of normally open or normally closed contacts.

3.2.4 Control-Circuit Transformers

Provide control-circuit transformers within the enclosure of magnetic contactors and motor controllers when the line voltage exceeds 120V.

Provide an encapsulated dry-type, single-phase, 60-Hz transformer, with a 120V (or 24V) isolated secondary winding. Do not provide a transformer with a rated primary voltage less than the rated voltage of the controller, or a rated secondary current less than the continuous-duty current of the control circuit.

Provide voltage regulation of the transformer such that, with rated primary voltage and frequency, the secondary voltage is not less than 95 percent nor more than 105 percent of rated secondary voltage.

Provide a source of supply for control-circuit transformers at the load side of the main disconnecting device. Protect the secondary winding of the transformer and control-circuit wiring against overloads and short circuits, with fuses selected in accordance with NEMA ICS 6. Ground the secondary winding of the control-circuit transformer in accordance with NEMA ICS 6.

3.2.5 Control Relays

Provide magnetic control relays for energizing and de-energizing the coils of magnetic contactors or other magnetically operated devices, in response to variations in the conditions of electric control devices in accordance with NEMA ICS 1, and NEMA ICS 2.

Ensure that the core-and-coil assembly operates satisfactorily with coil voltages between 85 percent and 110 percent of their voltage rating.

Provide relays that are designed to accommodate normally open and normally closed contacts.

Provide 120V, 60-Hz, magnetic control relays with a continuous-contact rating of 10 A, and with current-making and -breaking ability in accordance with NEMA ICS 1 and NEMA ICS 2, two normally open and two normally closed.

3.2.8 Indicating Lights

Provide oil-tight indicating lamps with flush mounted base and translucent convex lens. Red light indicates “Run” and green light indicates “Stop”.

3.3 Execution

Standard factory tests shall be performed on the equipment provided under this section. All tests shall be in accordance with the latest version of NEMA and UL standards.

SUBMITTALS

Vendor shall submit with its quote detailed product information, to include manufacturer cut sheets and manufacturer and/or vendor drawings and diagrams showing any needed product alteration or customization.

Product data must provide sufficient detail to demonstrate that the proposed product(s) are capable of integrating seamlessly with Ice Harbor Project’s existing system(s). Information shall be submitted to the technical point of contact at site (through Contracting Office), for technical approval. Submittals are due within 15 calender days of contract award.

Approval of the material submitted shall in no way relieve the Contractor from the responsibility of complying with the requirements of the specifications as to the suitability and quality of materials and workmanship.

WARRANTY

All items shall be covered by the manufacturer’s standard warranty on all parts, labor, and workmanship from factory defects.

OPERATION AND MAINTENANCE MANUALS

Three (3) complete hardcopies and one (1) electronic copy of the Operation and Maintenance Manuals (O&M Manuals) shall be submitted for the MCC buckets and main breakers. The O&M Manuals shall include order-specific instructions on the installation, maintenance, repair, troubleshooting, warranty, and a list of recommended spare parts (if applicable). Any information pertaining to models or components not supplied under this contract shall be crossed out.

The O&M Manuals shall also include a sheet at the front of the manuals listing the name, phone number, contact information for the manufacturer, and a distributor where spare parts can be purchased. The complete contract award number (as found on the contract Award document) shall also be included.

SHIPMENT AND DELIVERY

Perform delivery, handling, and storage of items conforming to the manufacturer's requirements and best industry practices. The Government will assist with unloading the items at the site. Verify the condition and quantity of the items upon delivery by the Contracting Officer and acknowledge receipt and condition thereof in writing. If delivered items are damaged or a shortage is determined, notify the Contracting Officer of such in writing within 24 hours after delivery.

All items shall be delivered FOB to Ice Harbor Lock and Dam by Aug 31, 2023 or within 8 weeks after approval of all submittals – see FAR 52.211-9 below. The Contractor shall be responsible for packing and shipping the items in a manner that will ensure undamaged and complete arrival to the Project site. No shipments are allowed other than normal business hours of Monday thru Thursday 7:00 a.m. to 4:00 p.m., excluding federal holidays.

All shipments shall be delivered to:

Ice Harbor Lock and Dam 2763 Monument Drive Burbank, WA 99323

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 4 Each MCC Starter Bucket with 350A Breaker

FFP

1. MCC starter unit with 350A circuit breaker without starter, red/green lights, elapse time meter, Eaton part number FJK1W14B12M12P10P11U13U17T11Z1, except no motor starter, with the following salient features:

1.1. Fits in a Westinghouse Type 11-300 MCC with a door 20 inches wide and 42 inches in height

1.2. 480VAC service voltage

1.3. 120VAC control voltage

1.4. 350 Amp Molded-Case Circuit Breaker

1.4.1. 480VAC

1.4.2. 3 poles

1.4.3. Interrupt Rating 65kAIC symmetrical

1.4.4. Thermal-magnetic trip unit

1.4.5. Form C bell alarm contact

1.5. Mini elapsed time meter

1.6. Red “RUN” light

1.7. Green “STOPPED” light

1.8. 14-gauge control wire

1.9. Wiring diagram inside starter unit door

1.10. Terminal strip

FOB: Destination

PSC CD: 5925

NET AMT

0002 2 Each MCC Starter Bucket with 40A Breaker

FFP

2. MCC starter unit with 40A circuit breaker, NEMA 2 starter, red/green lights, Eaton part number FJ206EEASC12B18P10P11K16T11U13U17Z1Z2, except a 40 Amp breaker in place of a 50 A breaker, with the following salient features:

2.1. Fits in a Westinghouse Type 11-300 MCC with a door 20 inches wide and 14 inches in height

2.2. 480VAC service voltage

2.3. 120VAC control voltage

2.4. 40 Amp Molded-Case Circuit Breaker

2.4.1. 480VAC

2.4.2. 3 poles

2.4.3. Interrupt Rating 65kAIC symmetrical

2.4.4. Thermal-magnetic trip unit

2.4.5. Form C bell alarm contact

2.5. NEMA 2 starter

2.5.1. 100 VA control power transformer, fused

2.5.2. A200 Starter

2.5.3. Bi-metallic overload

2.6. Red “RUN” light

2.7. Green “STOPPED” light

2.8. 14-gauge control wire

0003 8 Each 70A Molded Case Circuit Breaker

FFP

3. 70 Amp Molded-Case Circuit Breaker with the following salient features:

3.1. 480VAC

3.2. 3 poles

3.3. Interrupt Rating 65kAIC symmetrical

3.4. Thermal-magnetic trip unit

3.5. Form C bell alarm contact

0004 9 Each 50A Molded Case Circuit Breaker

FFP

4. 50 Amp Molded-Case Circuit Breaker with the following salient features:

4.1. 480VAC

4.2. 3 poles

4.3. Interrupt Rating 65kAIC symmetrical

4.4. Thermal-magnetic trip unit

4.5. Form C bell alarm contact

0005 2 Each 30A Molded Case Circuit Breaker

FFP

5. 30 Amp Molded-Case Circuit Breaker with the following salient features:

5.1. 480VAC

5.2. 3 poles

5.3. Interrupt Rating 65kAIC symmetrical

5.4. Thermal-magnetic trip unit

5.5. Form C bell alarm contact

0006 5 Each 20A Molded Case Circuit Breaker

FFP

6. 20 Amp Molded-Case Circuit Breaker with the following salient features:

6.1. 480VAC

6.2. 3 poles

6.3. Interrupt Rating 65kAIC symmetrical

6.4. Thermal-magnetic trip unit

6.5. Form C bell alarm contact

0007 10 Each Through-the-door Rotary Handle Mechanism

FFP

7. Circuit Breaker Accessory Handle Mechanism, Eaton part number HM1R12 with the following salient features:

7.1. Through-the-door handle mechanism

7.2. Rotary handle

7.3. Fits on an Eaton F-frame circuit breaker

7.4. 12 inch shaft

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 31-AUG-2023 4 ARMY CORPS OF ENGINEERS

PERFORMANCE SPECIALIST

ICE HARBOR

2763 MONUMENT DRIVE

BURBANK WA 99323-8639

509-543-6068

960502

0002 31-AUG-2023 2 (SAME AS PREVIOUS LOCATION)

0003 31-AUG-2023 8 (SAME AS PREVIOUS LOCATION)

0004 31-AUG-2023 9 (SAME AS PREVIOUS LOCATION)

0005 31-AUG-2023 2 (SAME AS PREVIOUS LOCATION)

0006 31-AUG-2023 5 (SAME AS PREVIOUS LOCATION)

0007 31-AUG-2023 10 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.211-9 Desired and Required Time of Delivery JUN 1997 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

NOV 2021

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-28 Post-Award Small Business Program Rerepresentation OCT 2022 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies DEC 2022 52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-18 Place of Manufacture AUG 2018 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.211-7003 Item Unique Identification and Valuation MAR 2022 252.225-7001 Buy American And Balance Of Payments Program-- Basic JUN 2022 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7036 Buy American--Free Trade Agreements--Balance of

Payments Program--Basic

JUN 2022

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph

(d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.211-9 DESIRED AND REQUIRED TIME OF DELIVERY (JUN 1997)

(a) The Government desires delivery to be made according to the following schedule:

DESIRED DELIVERY SCHEDULE

8 weeks

If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule below. However, the offeror's proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Government's required delivery schedule as follows:

REQUIRED DELIVERY SCHEDULE

August 31 2023

Offers that propose delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. If the offeror proposes no other delivery schedule, the desired delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

WITHIN DAYS

ITEM NO. QUANTITY AFTER DATE

OF CONTRACT

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day the award is dated. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of clause)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

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

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

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

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

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

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

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

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

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

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

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

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

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

(1) Means a small business concern--

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

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

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

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"Small disadvantaged business concern, consistent 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).

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