Combined Synopsis Solicitation - 1.30.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart

12.6 as supplemented with additional information in this notice. This announcement constitutes the only solicitation, quotes are being requested and a written solicitation will not be issued.

***PLEASE READ THESE INSTRUCTIONS CAREFULLY***

Solicitation number W9127S26QA011 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-06.

Set Aside, NAICS Code & Size Standard: This solicitation is being procured as a 100% Small Business Set- Aside.

The NAICS Code is 561730, Landscaping Services, which has an applicable size standard of $9.5M.

Description of requirements for the items to be acquired: The intent of this contract is to provide hazardous tree services at Greers Ferry Lake. Services include but not limited to tree cutting, debris removal, stump grinding, and pruning.

Minimum Guarantee: The guaranteed minimum is $2500 and is for the base period only. There is no guaranteed minimum for the option periods, if exercised.

Place(s) and date(s) of performance:

Within the geographic boundaries of the U.S. Army Corps of Engineers (USACE) Greers Ferry Project Office Dates of performance will be as follows:

Base Period – Date of Contract Award – 31 January 2027 Option Period 1 - 01 February 2027 - 31 January 2028 Option Period 2 - 01 February 2028 - 31 January 2029 Option Period 3 - 01 February 2029 - 31 January 2030 Option Period 4 - 01 February 2030 - 31 January 2031

Quotes are due no later than Monday March 02, 2026 at 1:00 PM CST.

Only quotes submitted via email will be accepted. Submission format shall be .pdf form and emailed to Shelby.m.henson@usace.army.mil. Please ensure the solicitation number, W9127S26QA011, is written in the subject line of your email.

Required Documents to Submit:

1. Request for Quotation cover page (signed).

2. Completed (filled in) Provisions, as applicable.

3. Completed bid schedule with unit prices and total prices.

4. Signed Amendments, as applicable

SITE VISIT: Participants will meet at Greers Ferry Project Office, 700 Heber Springs Road North, Heber Springs AR, 72543 on 17 February 2026 at 10:00 AM CST.

If you have any questions regarding this solicitation, please contact Shelby Henson at either 501.340.1249 or Shelby.m.henson@usace.army.mil

The provision at 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition and a statement regarding any addenda to the provision.

The provision at 52.212-2, Evaluation – Commercial Items, is not applicable to this solicitation. Award will be based on price only.

Offerors are required to include a completed copy of the provision at 52.212-3 (DEV)(RMBO), Offeror Representations and Certifications – Commercial Items, with its quote.

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition.

The clause at 52.212-5 (DEV)(RMBO), Contract Terms and Conditions Required To Implement Statutes Or Executive Orders – Commercial Items, applies to this acquisition.

*Please see the Clauses Incorporated by Reference section for additional FAR Clauses applicable to this acquisition.

REQUEST FOR QUOTATION COVER PAGE

US Army Corps of Engineers, Little Rock District Contracting Division, Attention: Shelby Henson, Shelby.m.henson@usace.army.mil

W9127S26QA011,

IDIQ Tree Maintenance

Greers Ferry Project Office

Quote Submitted by:

Offeror Name:

Offeror Address:

Offeror Telephone:

Offeror Email Address:

Offeror Point of Contact:

Offeror Tax Identification Number (TIN):

Offeror UEI:

Offeror Cage Code:

Offeror Signature:

Date:

CLIN DESCRIPTION EST. QUANTITY UNIT OF MEASURE UNIT PRICE EST. AMOUNT

0001 Normal Service Call 20 EA $ $ 0002 Emergency Service Call 5 EA $ $ 0003 Unscheduled Service Hours 100 HR $ $ 0004 Tree Removal 4" to 12" Diameter 500 EA $ $ 0005 Tree Removal 12" to 20" Diameter 400 EA $ $ 0006 Tree Removal 20" to 30" Diameter 100 EA $ $ 0007 Tree Removal Over 30" Diameter 25 EA $ $ 0008 Tree Felling Less than 30" Diameter 300 EA $ $ 0009 Tree Felling Over 30" Diameter 25 EA $ $ 0010 Stump Grinding 4" to 20" Diameter 100 EA $ $ 0011 Stump Grinding 20" to 20" Diameter 50 EA $ $ 0012 Stump Grinding Over 30" Diameter 25 EA $ $ 0013 Tree Pruning (>12' to 52') 100 HR $ $ 0014 Tree Pruning (12' and less') 100 HR $ $

CLIN DESCRIPTION EST. QUANTITY UNIT OF MEASURE UNIT PRICE EST. AMOUNT

1001 Normal Service Call 20 EA $ $ 1002 Emergency Service Call 5 EA $ $ 1003 Unscheduled Service Hours 100 HR $ $ 1004 Tree Removal 4" to 12" Diameter 500 EA $ $ 1005 Tree Removal 12" to 20" Diameter 400 EA $ $ 1006 Tree Removal 20" to 30" Diameter 100 EA $ $ 1007 Tree Removal Over 30" Diameter 25 EA $ $ 1008 Tree Felling Less than 30" Diameter 300 EA $ $ 1009 Tree Felling Over 30" Diameter 25 EA $ $ 1010 Stump Grinding 4" to 20" Diameter 100 EA $ $ 1011 Stump Grinding 20" to 20" Diameter 50 EA $ $ 1012 Stump Grinding Over 30" Diameter 25 EA $ $ 1013 Tree Pruning (>12' to 52') 100 HR $ $ 1014 Tree Pruning (12' and less') 100 HR $ $

CLIN DESCRIPTION EST. QUANTITY UNIT OF MEASURE UNIT PRICE EST. AMOUNT

2001 Normal Service Call 20 EA $ $ 2002 Emergency Service Call 5 EA $ $ 2003 Unscheduled Service Hours 100 HR $ $ 2004 Tree Removal 4" to 12" Diameter 500 EA $ $ 2005 Tree Removal 12" to 20" Diameter 400 EA $ $ 2006 Tree Removal 20" to 30" Diameter 100 EA $ $ 2007 Tree Removal Over 30" Diameter 25 EA $ $ 2008 Tree Felling Less than 30" Diameter 300 EA $ $ 2009 Tree Felling Over 30" Diameter 25 EA $ $ 2010 Stump Grinding 4" to 20" Diameter 100 EA $ $ 2011 Stump Grinding 20" to 20" Diameter 50 EA $ $ 2012 Stump Grinding Over 30" Diameter 25 EA $ $ 2013 Tree Pruning (>12' to 52') 100 HR $ $ 2014 Tree Pruning (12' and less') 100 HR $ $

OPTION PERIOD 2

Furnish all necessary management, personnel, incidental materials, supplies, parts, tools, equipment, etc., to provide maintenance services as described in the Performance Work Statement, at Greers Ferry Lake for the period of 1 February 2028, through 31 January 2029.

OPTION PERIOD 2 TOTAL

IDIQ TREE MAINTENANCE SERVICES - GREERS FERRY PROJECT OFFICE

OPTION PERIOD 1

BASE PERIOD TOTAL

IDIQ TREE MAINTENANCE SERVICES - GREERS FERRY PROJECT OFFICE

BASE PERIOD

Furnish all necessary management, personnel, incidental materials, supplies, parts, tools, equipment, etc., to provide maintenance services as described in the Performance Work Statement, at Greers Ferry Lake for the period of 1 February 2026, or date of contract award, whichever is later, through 31 January 2027.

Furnish all necessary management, personnel, incidental materials, supplies, parts, tools, equipment, etc., to provide maintenance services as described in the Performance Work Statement, at Greers Ferry Lake for the period of 1 February 2027, through 31 January 2028.

OPTION PERIOD 1 TOTAL

CLIN DESCRIPTION EST. QUANTITY UNIT OF MEASURE UNIT PRICE EST. AMOUNT

3001 Normal Service Call 20 EA $ $ 3002 Emergency Service Call 5 EA $ $ 3003 Unscheduled Service Hours 100 HR $ $ 3004 Tree Removal 4" to 12" Diameter 500 EA $ $ 3005 Tree Removal 12" to 20" Diameter 400 EA $ $ 3006 Tree Removal 20" to 30" Diameter 100 EA $ $ 3007 Tree Removal Over 30" Diameter 25 EA $ $ 3008 Tree Felling Less than 30" Diameter 300 EA $ $ 3009 Tree Felling Over 30" Diameter 25 EA $ $ 3010 Stump Grinding 4" to 20" Diameter 100 EA $ $ 3011 Stump Grinding 20" to 20" Diameter 50 EA $ $ 3012 Stump Grinding Over 30" Diameter 25 EA $ $ 3013 Tree Pruning (>12' to 52') 100 HR $ $ 3014 Tree Pruning (12' and less') 100 HR $ $

CLIN DESCRIPTION EST. QUANTITY UNIT OF MEASURE UNIT PRICE EST. AMOUNT

4001 Normal Service Call 20 EA $ $ 4002 Emergency Service Call 5 EA $ $ 4003 Unscheduled Service Hours 100 HR $ $ 4004 Tree Removal 4" to 12" Diameter 500 EA $ $ 4005 Tree Removal 12" to 20" Diameter 400 EA $ $ 4006 Tree Removal 20" to 30" Diameter 100 EA $ $ 4007 Tree Removal Over 30" Diameter 25 EA $ $ 4008 Tree Felling Less than 30" Diameter 300 EA $ $ 4009 Tree Felling Over 30" Diameter 25 EA $ $ 4010 Stump Grinding 4" to 20" Diameter 100 EA $ $ 4011 Stump Grinding 20" to 20" Diameter 50 EA $ $ 4012 Stump Grinding Over 30" Diameter 25 EA $ $ 4013 Tree Pruning (>12' to 52') 100 HR $ $ 4014 Tree Pruning (12' and less') 100 HR $ $

TOTAL QUOTED CONTRACT AMOUNT (BASE + FOUR OPTION PERIODS) $

OPTION PERIOD 4

Furnish all necessary management, personnel, incidental materials, supplies, parts, tools, equipment, etc., to provide maintenance services as described in the Performance Work Statement, at Greers Ferry Lake for the period of 1 February 2030, through 31 January 2031.

OPTION PERIOD 4 TOTAL

OPTION PERIOD 3 TOTAL

IDIQ TREE MAINTENANCE SERVICES - GREERS FERRY PROJECT OFFICE

OPTION PERIOD 3

Furnish all necessary management, personnel, incidental materials, supplies, parts, tools, equipment, etc., to provide maintenance services as described in the Performance Work Statement, at Greers Ferry Lake for the period of 1 February 2029, through 31 January 2030.

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-3 Gratuities. 1984-04

52.204-13 System for Award Management Maintenance.

2018-10

52.204-18 Commercial and Government Entity Code Maintenance.

2020-08

52.204-21 Basic Safeguarding of Covered Contractor Information Systems.

2021-11

52.212-4 Contract Terms and Conditions- Commercial Products and Commercial Services.

2023-11

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.204-7004 Antiterrorism Awareness Training for Contractors.

2023-01

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

2023-01

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

2018-12

252.232-7010 Levies on Contract Payments. 2006-12

252.243-7002 Requests for Equitable Adjustment. 2022-12

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

2023-11

252.247-7023 Transportation of Supplies by Sea. 2024-10

FAR Clauses Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.219-14 Limitations on Subcontracting

(DEVIATION 2021-O0008)

2022-10 Deviation 2021-O0008

2023-02

LIMITATIONS ON SUBCONTRACTING (FEB 2023) (DEVIATION 2021-O0008)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) , as used in this clause, means a first-tierDefinition. Similarly situated entity subcontractor, including an independent contractor, that--

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) This clause applies only to--Applicability.

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are--

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are--

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii);

and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) An independent contractor shall be considered aIndependent contractors.

subcontractor.

(e) By submission of an offer and execution of a contract,Limitations on subcontracting.

the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for--

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. The following services may be excluded from the 50 percent limitation:

(i) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code 562910), cloud computing services, or mass media purchases.

(ii) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause--

By the end of the base term of the contract and then by the end of each subsequent option period; or

X By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protege and its mentor approved by the Small Business Administration, the small business protege shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protege in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services

FAR Clauses Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services. (DEVIATION 2025-O0003 and 2025-O0004)

2025-10 Deviation 2025- O0004

2025-03

Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (MAR 2025) (DEVIATION 2025-O0003 and 2025-O0004)

(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 products and commercial services:

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Section 1634 of Pub. L. 115-91).(Dec 2023)

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(a)(1)(A) of Pub. L. 115-232).(Nov 2021)

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar (31 U.S.C. 3903 and 10 U.S.C. 3801).2023)

(6) 52.233-3, Protest After Award (31 U.S.C. 3553).(Aug 1996)

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77(Oct 2004) and 108-78 ( 19 U.S.C. 3805 note)).

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

52.203-6, Restrictions on Subcontractor Sales to the Government with X (1) (Jun 2020), (41 U.S.C. 4704 and 10 U.S.C. 4655).Alternate I (Nov 2021)

52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.(2) (Nov 2021) C. 3509)).

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

52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this(4) (Nov 2023) clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards X (5) (Jun (Pub. L. 109-282) ( 31 U.S.C. 6101 note).2020)

[Reserved].(6)

52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117,(7) (Oct 2016) section 743 of Div. C).

52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts(8) (Pub. L. 111-117, section 743 of Div. C).(Oct 2016)

52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of X (9) (Jun 2023) Division R of Pub. L. 117-328).

52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply(10) Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115-390, title II).

(11)

X (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec (Pub. L. 115-390, title II).2023)

Alternate I of 52.204-30.(ii) (Dec 2023)

X (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. ( Jan 2025) (31 U.S.C. 6101 note).

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters X (13) (41 U.S.C. 2313).(Oct 2018)

[Reserved].(14)

52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.(15) Oct 2022 C. 657a).

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns(16) ( ) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.Oct 2022 S.C. 657a).

[Reserved](17)

(18)

X (i) 52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(Nov 2020)

Alternate I of 52.219-6.(ii) (Mar 2020)

(19)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(Nov 2020)

Alternate I of 52.219-7.(ii) (Mar 2020)

52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and X (20) ( )Jan 2025 (3)).

(21)

(i) 52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)).( )Jan 2025

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

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

Alternate III of 52.219-9.(iv) (Jun 2020)

Alternate IV of 52.219-9.(v) ( )Jan 2025

(22)

(i) 52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(Mar 2020)

Alternate I of 52.219-13.(ii) (Mar 2020)

52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 657s).(23) Oct 2022

52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(24) (Sep 2021) (F)(i)).

52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-(25) Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb

) (15 U.S.C. 657f).2024

(26)

X (i) 52.219-28, Small Business Program Rerepresentation (15 U.S.Postaward ( )Jan 2025 C. 632(a)(2)).

Alternate I of 52.219-28.(ii) (Mar 2020)

52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically(27) Disadvantaged Women-Owned Small Business Concerns ( ) (15 U.S.C. 637(m)).Oct 2022

52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small(28) Business Concerns Eligible Under the Women-Owned Small Business Program ( )Oct 2022 (15 U.S.C. 637(m)).

52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.(29) (Mar 2020) C. 644(r)).

52.219-33, Nonmanufacturer Rule (15 U.S.C. 637(a)(17)).(30) (Sep 2021)

52.222-3, Convict Labor (E.O.11755).X (31) (Jun 2003)

(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O.(Jan 2025) 13126).

[Reserved](33)

[Reserved](34)

(35)

X (i) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(Jun 2020)

Alternate I of 52.222-35.(ii) (Jul 2014)

(36)

X (i) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(Jun 2020)

Alternate I of 52.222-36.(ii) (Jul 2014)

52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).X (37) Jun 2020

52.222-40, Notification of Employee Rights Under the National Labor Relations Act X (38) (E.O. 13496).(Dec 2010)

(39)

X (i) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.(Nov 2021) O. 13627).

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

X (40) 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Jan 2025) (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(41)

X (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.)

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

52.223-11, Ozone-Depleting Substances and High Global Warming Potential(42) Hydrofluorocarbons (42 U.S.C. 7671, ).(May 2024) et seq.

52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and(43) Air Conditioners (42 U.S.C. 7671, ).(May 2024) et seq.

52.223-20, Aerosols (42 U.S.C. 7671, ).(44) (May 2024) et seq.

52.223-21, Foams (42 U.S.C. 7671, ).(45) (May 2024) et seq.

52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025-X (46) O0004)) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

(47)

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

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

(48)

(i) 52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(Oct 2022)

Alternate I of 52.225-1.(ii) (Oct 2022)

(49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C.(NOV 2023) 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 4501-4732), Public Law 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.

Alternate I [Reserved].(ii)

Alternate II of 52.225-3.(iii) (Jan 2025)

Alternate III of 52.225-3.(iv) (Feb 2024)

Alternate IV (Oct 2022) of 52.225-3.(v)

52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301(50) (NOV 2023) et seq note).

52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, X (51) (Feb 2021) proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

52.225-26, Contractors Performing Private Security Functions Outside the United States(52) (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

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 (54) (Nov (42 U.S.C. 5150).2007)

52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving X (55) (May (E.O. 13513).2024)

52.229-12, Tax on Certain Foreign Procurements .X (56) (Feb 2021)

52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial(57) Services (41 U.S.C. 4505, 10 U.S.C. 3805).(Nov 2021)

52.232-30, Installment Payments for Commercial Products and Commercial Services(58) (41 U.S.C. 4505, 10 U.S.C. 3805).(Nov 2021)

52.232-33, Payment by Electronic Funds Transfer-System for Award Management X (59) (31 U.S.C. 3332).(Oct2018)

52.232-34, Payment by Electronic Funds Transfer-Other than System for Award(60) Management (Jul 2013) (31 U.S.C. 3332).

52.232-36, Payment by Third Party (31 U.S.C. 3332).(61) (May 2014)

52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(62) (Aug 1996)

52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by X (63) American Security Drone Act-Covered Foreign Entities (Sections 1821-1826, (Nov 2024) Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(64) (Jan 2017) (13)).

(65)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46(Nov 2021) U.S.C. 55305 and 10 U.S.C. 2631).

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

Alternate II of 52.247-64.(iii) (Nov 2021)

(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 products and commercial services:

52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).X (1) (Aug 2018)

52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 X (2) (May 2014) and 41 U.S.C. chapter 67).

52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price X (3) Adjustment (Multiple Year and Option Contracts) (29 U.S.C. 206 and 41 U.S.(Aug 2018) C. chapter 67).

52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price(4) Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

52.222-51, Exemption from Application of the Service Contract Labor Standards to(5) Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

52.222-53, Exemption from Application of the Service Contract Labor Standards to(6) Contracts for Certain Services-Requirements (41 U.S.C. chapter 67).(May 2014)

52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 X (7) .(Jan 2022)

52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).X (8) (Jan 2022)

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.(9) S.C. 1792).

52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to(10) Prevent Human Trafficking (49 U.S.C. 40118(g)).(Jan 2025)

(d) . The Contractor shall comply with theComptroller General Examination of Record provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, 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 products or commercial services. 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 (41 U.S.C. 3509).(Nov 2021)

(ii) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(Nov 2023)

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

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Section 1634 of Pub. L. 115-91).(Dec 2023)

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(a)(1)(A) of Pub. L. 115-232).(Nov 2021)

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of(Jun 2023) Division R of Pub. L. 117-328).

(vii)

(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).

(B) Alternate I of 52.204-30.(Dec 2023)

(viii) 52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and( )Jan 2025 (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) [Reserved]

(x) [Reserved]

(xi) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(Jun 2020)

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(Jun 2020)

(xiii) 52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(Jun 2020)

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

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

(xvi)

(A) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O(Nov 2021) 13627).

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

(xvii) 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).

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

(xix) 52.222-54, Employment Eligibility Verification (E.O. 12989).(Jan 2025)

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan .2022)

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(Jan 2022)

(xxii)

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

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

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

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Sections 1821-1826,(Nov 2024) Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with2021) paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

Addendum to Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

2020-06

52.204-19 Incorporation by Reference of Representations and Certifications.

2014-12

52.223-5 Pollution Prevention and Right-to- Know Information.

2024-05

52.223-10 Waste Reduction Program.

(DEVIATION 2025-O0004)

2024-05 Deviation 2025- O0004

2025-03

52.228-5 Insurance-Work on a Government Installation.

1997-01

52.232-23 Assignment of Claims. 2014-05

52.232-39 Unenforceability of Unauthorized Obligations.

2013-06

52.237-2 Protection of Government Buildings, Equipment, and Vegetation.

1984-04

52.242-13 Bankruptcy. 1995-07

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative. 1991-12

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

2019-05

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements.

2023-01

252.225-7048 Export-Controlled Items. 2013-06

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.

2023-01

252.243-7001 Pricing of Contract Modifications. 1991-12

FAR Clauses Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.216-18 Ordering. 2020-08

Ordering (Aug 2020)

Any supplies and services to be furnished under this contract shall be ordered by(a) issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from through date of contract award 31 January 2031.

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

A delivery order or task order is considered "issued" when-(c)

If sent by mail (includes transmittal by U.S. mail or private delivery service), the(1) Government deposits the order in the mail;

If sent by fax, the Government transmits the order to the Contractor's fax number; or(2)

If sent electronically, the Government either-(3)

Posts a copy of the delivery order or task order to a Government document access(i) system, and notice is sent to the Contractor; or

Distributes the delivery order or task order via email to the Contractor's email address.(ii)

Orders may be issued by methods other than those enumerated in this clause only if(d) authorized in the contract.

(End of clause)

52.216-19 Order Limitations. 1995-10

Order Limitations (Oct 1995)

. When the Government requires supplies or services covered by this(a) Minimum order contract in an amount of less than , the Government is not obligated to purchase, nor$2500 is the Contractor obligated to furnish, those supplies or services under the contract.

. The Contractor is not obligated to honor-(b) Maximum order

Any order for a single item in excess of (1) quantities available during a single ordering period

Any order for a combination of items in excess of (2) quantities available during a single ; orordering period

A series of orders from the same ordering office within that together call for(3) five (5) years quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

If this is a requirements contract ( includes the Requirements clause at subsection(c) i.e., 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any(d) order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, withseven (7) calendar written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. 1995-10

Indefinite Quantity (Oct 1995)

This is an indefinite-quantity contract for the supplies or services specified, and effective(a) 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.

Delivery or performance shall be made only as authorized by orders issued in(b) 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."

Except for any limitations on quantities in the Order Limitations clause or in the Schedule,(c) 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.

Any order issued during the effective period of this contract and not completed within that(d) 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; , that the Contractor shall not be required to make any deliveries under thisprovided contract after the last day of the performance on any task order issued IAW 52.216-18.

(End of clause)

52.217-9 Option to Extend the Term of the Contract.

2000-03

Option to Extend the Term of the Contract (Mar 2000)

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

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

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

(End of clause)

52.252-2 Clauses Incorporated by Reference.

1998-02

Clauses Incorporated By Reference (Feb 1998)

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

https://www.acquisition.gov/

(End of clause)

52.252-6 Authorized Deviations in Clauses.

2020-11

Authorized Deviations in Clauses (Nov 2020)

The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR(a) Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

The use in this solicitation or contract of any (b) Defense Federal Acquisition Regulations (48 CFR ) clause with an authorized deviation is indicated by theSupplement (DFARS) _2 addition of "(DEVIATION)" after the name of the regulation.

Offeror Representations and Certifications - Commercial Products and Commercial Services

FAR Provisions Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.212-3 Offeror Representations and Certifications- Commercial Products and Commercial Services. (DEVIATION 2025-O0003 and 2025-O0004)

2025-10 Deviation 2025- O0004

2025-03

Offeror Representations and Certifications-Commercial Products and Commercial Services (MAR 2025) (DEVIATION 2025-O0003 and 2025-O0004)

(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"-

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 (SDVOSB) concern means a small business concern-

(1)

(i) Not less than 51 percent of which is owned and controlled 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; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that-

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled…