FA8126-17-R-0012.pdf

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Attached to
STEEL & STUDS Federal contract opportunity
Solicitation number
FA812617R0012
Issued by
Department of the Air Force Materiel Command Lifecycle Management Center Tinker Air Force Base

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Combined Synopsis/Solicitation FA8126-17-R-0012

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Combined Synopsis/Solicitation

(IAW FAR 12.603)

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

proposals are being requested and a written solicitation will not be issued.

The Oklahoma City-Air Logistics Center (AFSC/PZIMB) at Tinker Air Force Base, Oklahoma intends to negotiate a Small Business Set-Aside firm fixed price contract for Steel & Studs. This solicitation is being issued as a Request for Proposal (RFP) FA8126-17-R-0012, for a firm fixed price type contract. The Oklahoma City-Air Logistics Center (AFSC/PZIMB) at Tinker Air Force Base Oklahoma intends to award a 100% Small Business Set-Aside Firm Fixed Price contract for Steel & Studs.

Contractor is required to sign this document and return 1 copy to issuing office. Contractor agrees to provide all services set forth or otherwise identified above and on any additional sheets subject to the terms and conditions specified herein.

Proposal Submission Information:

Proposals are due by 26 July 2017, 12:00 PM, Tinker AFB OK Central Standard Time (CST). Contact the following individual for information regarding this solicitation:

NOTE: Emailed proposals are preferred

John J. Juarez

Contracting Specialist john.juarez.1@us.af.mil Phone: (405)739-3320

EVALUATION OF RESPONSES:

Award will be conducted and evaluated under the provisions of FAR Part 12, Commercial Items, FAR Part 13, Simplified Acquisition Procedures, and FAR Part 15, Contracting by Negotiation. The responsible offerors must be registered in the System for Award Management (SAM) database (available at: https://www.sam.gov/portal/public/SAM/ ) and submit a completed copy of the Offeror Representations and Certifications – Commercial Items with their proposal.

Lack of registration in SAM will qualify contractor as ineligible for award. All responsible sources may submit a proposal in response to this solicitation, which shall be considered. This solicitation is being issued as a Request for Proposal (RFP) for a firm fixed price type commercial contract. The Oklahoma City-Air Logistics Center (AFSC/PZIMB) at Tinker Air Force Base Oklahoma intends to award a 100% Small Business Set-Aside Firm Fixed Price contract for Steel & Studs.

mailto:john.juarez.1@us.af.mil https://www.sam.gov/portal/public/SAM/

SIGNATURE OF OFFEROR:

DATE:

REQUISITION NUMBER:

F3YCEB7192A108

SOLICITATION NUMBER

FA8126-17-R-0012

SOLICITATION ISSUE DATE:

14 July 2017

SOLICITATION DUE DATE:

26 July 2017

THIS ACQUISITION IS:

Full and Open Competition

X 100% Small Business Set- Aside

SIZE STD:

FEDERAL SUPPLY CLASS:

NAICS: 331110 DELIVERY:

X

SEE ITEM DESC

FOB DESTINATION

FOB ORIGIN

DPAS RATING:

METHOD OF SOLICITATION:

REQUEST FOR QUOTE

FA812617R0012

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2,480 Each 6" Metal Studs 14ga

FFP

6" Metal Studs 14ga / 600S200-68 / 6" wide x 15 ft long / Specific Requirements

IAW The Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

PURCHASE REQUEST NUMBER: F3YCEB7192A108

SIGNAL CODE: A

NET AMT

0002 400 Each 6" Metal Track 14ga

FFP

6" Metal Track 14ga / 600T200-68 / 6" wide x 10 ft long / Specific Requirements

IAW The Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0003 22 Each 16ga Deflection Track

FFP

16ga Deflection Track / MaxTrak 2D (slt/h) / 6" wide x 2-1/2" leg x 10 ft long /

Specific Requirements IAW The Attached Item Description / Price Includes

Shipping & Handling to FOB Destination

FOB: Destination

0004 5 Each 16ga Deflection Track

FFP

16ga Deflection Track / MaxTrak 2D (slt/h) / 4" wide x 2-1/2" leg x 10 ft long /

Specific Requirements IAW The Attached Item Description / Price Includes

Shipping & Handling to FOB Destination

FOB: Destination

0005 25 Each 10" metal Stud 14ga

FFP

10" metal Stud 14ga / 1000S200-68 / 10" wide x 16 ft long / Specific Requirements

IAW The Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0006 6 Each 4" metal stud 20ga

FFP

4" metal stud 20ga / 400S162-33 / 4" wide x 12 ft long / Specific Requirements

IAW The Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0007 5 Each 4" metal track 20ga

FFP

4" metal track 20ga / 400T200-33 / 4" wide x 10 ft long / Specific Requirements

IAW The Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0008 62 Each 3-5/8" metal stud 16ga

FFP

3-5/8" metal stud 16ga / 362s200-54 / 3-5/8" wide x 15ft long / Specific

Requirements IAW The Attached Item Description / Price Includes Shipping &

Handling to FOB Destination

FOB: Destination

0009 15 Each 3-5/8" metal track 16ga

FFP

3-5/8" metal track 16ga / 362t200-54 / 3-5/8" wide x 10ft long / Specific

Requirements IAW The Attached Item Description / Price Includes Shipping &

Handling to FOB Destination

FOB: Destination

0010 90 Each 1-5/8" metal stud 20ga

FFP

1-5/8" metal stud 20ga / 162s125-33 / 1-5/8" wide x 15ft long / Specific

Requirements IAW The Attached Item Description / Price Includes Shipping &

Handling to FOB Destination

FOB: Destination

0011 15 Each 1-5/8" metal track 20ga

FFP

1-5/8" metal track 20ga / 162t125-33 / 1-5/8" wide x 10ft long / Specific

Requirements IAW The Attached Item Description / Price Includes Shipping &

Handling to FOB Destination

FOB: Destination

0012 270 Each 7/8" furring channel 16ga

FFP

7/8" furring channel 16ga / 087f125-54 / 7/8" wide x 12ft long / Specific

Requirements IAW The Attached Item Description / Price Includes Shipping &

Handling to FOB Destination

FOB: Destination

0013 1,770 Each 7/8" furring channel 25ga

FFP

7/8" furring channel 25ga / 087f125-18 / 7/8" wide x 12ft long / Specific

Requirements IAW The Attached Item Description / Price Includes Shipping &

Handling to FOB Destination

FOB: Destination

0014 70 Each Clark Dietrich Corner Bead

FFP

Clark Dietrich Corner Bead / #103 corner bead / 1-1/4" x 1-1/4" x 10ft long /

Specific Requirements IAW The Attached Item Description / Price Includes

Shipping & Handling to FOB Destination

FOB: Destination

0015 110 Each Clark Dietrich Control Joint

FFP

Clark Dietrich Control Joint / #093 ZNCJ / Zink 10ft long / Specific Requirements

IAW The Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0016 1,355 Each Clark Dietrich Spazzer Bars

FFP

Clark Dietrich Spazzer Bars / 5400 Spazzer / 16" notches, 16ga, 50" / Specific

Requirements IAW The Attached Item Description / Price Includes Shipping &

Handling to FOB Destination

FOB: Destination

0017 680 Each clip angle 16ga (170pcs box)

FFP

clip angle 16ga (170pcs box) / x545 / 5-3/4" long / Specific Requirements IAW

The Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0018 11,000 Each Resilient sound isolation clip

FFP

Resilient sound isolation clip / RSIC / 1" wide x 3" long / Specific Requirements

IAW The Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0019 30 Each Tradeready Rim Track 12ga

FFP

Tradeready Rim Track 12ga / TR w/ tabs (16") / 14" wide x 12ft long / Specific

Requirements IAW The Attached Item Description / Price Includes Shipping &

Handling to FOB Destination

FOB: Destination

0020 14 Each Tradeready Rim Track 12ga

FFP

Tradeready Rim Track 12ga / TR w/out tabs / 14" wide x 12ft long / Specific

Requirements IAW The Attached Item Description / Price Includes Shipping &

Handling to FOB Destination

FOB: Destination

0021 1,000 Each Easy Clips 12ga (40pcs / box)

FFP

Easy Clips 12ga (40pcs / box) / e971 / 11" wide / Specific Requirements IAW The

Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0022 1,300 Each Resilient channel 22mils

FFP

Resilient channel 22mils / RC-2 Pro Plus / 2-1/2" w x 1/2" D x 12 ft / Specific

Requirements IAW The Attached Item Description / Price Includes Shipping &

Handling to FOB Destination

FOB: Destination

0023 235 Each Simpson Strong-Tie 12ga

FFP

Simpson Strong-Tie 12ga / S/HJCT / Steel Joist Hangers / Specific Requirements

IAW The Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0024 4 Each Drop Ceiling Hanger Wire

FFP

Drop Ceiling Hanger Wire / 50-485-120 / 12ga x 12ft (100/bundle) / Specific

Requirements IAW The Attached Item Description / Price Includes Shipping &

Handling to FOB Destination

FOB: Destination

0025 37 Each 14" Roof Joist 12ga

FFP

14" Roof Joist 12ga / 1400s200-97 / 14" wide x 16ft long / Specific Requirements

IAW The Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0026 140 Each 14" Roof Joist 12ga

FFP

14" Roof Joist 12ga / 1400s200-97 / 14" wide x 22ft long / Specific Requirements

IAW The Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0027 143 Each 14" Roof Joist 12ga

FFP

14" Roof Joist 12ga / 1400s200-97 / 14" wide x 25ft long / Specific Requirements

IAW The Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0028 155 Each 14" Roof Joist 12ga

FFP

14" Roof Joist 12ga / 1400s200-97 / 14" wide x 30ft long / Specific Requirements

IAW The Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0029 83 Each 14" Roof Joist 12ga

FFP

14" Roof Joist 12ga / 1400s200-97 / 14" wide x 38ft long / Specific Requirements

IAW The Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0030 21 Each 14" Roof Joist 12ga

FFP

14" Roof Joist 12ga / 1400s200-97 / 14" wide x 12ft long / Specific Requirements

IAW The Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0031 205 Each 24ga x 1-1/4" Rib Height

FFP

24ga x 1-1/4" Rib Height / PBR Panel (White) / 3 ft wide x 15ft tall / Specific

Requirements IAW The Attached Item Description / Price Includes Shipping &

Handling to FOB Destination

FOB: Destination

0032 260 Each Vulcraft Roof Decking

FFP

Vulcraft Roof Decking / 1.5 B22 G90 / 3ft wide x 20ft long / Specific

Requirements IAW The Attached Item Description / Price Includes Shipping &

Handling to FOB Destination

FOB: Destination

0033 5 Each 3/4 x 9ga flat

FFP

3/4 x 9ga flat / Expanded metal / 4ft x 8ft / Specific Requirements IAW The

Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0034 1,800 Each Amico Secura Clips

FFP

Amico Secura Clips / Amico / Expanded metal Clips (300/boxes) / Specific

Requirements IAW The Attached Item Description / Price Includes Shipping &

Handling to FOB Destination

FOB: Destination

0035 11 Each Square tubing

FFP

Square tubing / 6 x 6 x 3/8sq / 6" x 6" x 3/8" x 30ft / Specific Requirements IAW

The Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0036 2 Each Square tubing

FFP

Square tubing / 1 x 1 x 1/8 sq / 1" x 1" x 1/8" x 20ft / Specific Requirements IAW

The Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0037 7 Each Wide Flange Beam

FFP

Wide Flange Beam / w14 x 34 x 20 / W14 x 34 x 20ft long / Specific Requirements

IAW The Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0038 7 Each Wide Flange Beam

FFP

Wide Flange Beam / w14 x 34 x 25 / w14 x 34 x 25ft long / Specific Requirements

IAW The Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0039 6 Each Wide Flange Beam

FFP

Wide Flange Beam / w14 x 68 x 25 / w14 x 68 x 25ft long / Specific Requirements

IAW The Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0040 2 Each Wide Flange Beam

FFP

Wide Flange Beam / w14 x 68 x 20 / w14 x 68 x 20ft long / Specific Requirements

IAW The Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0041 15 Each Angle Iron

FFP

Angle Iron / 4x4AI / 4" x 4" x 1/4" x 20ft long / Specific Requirements IAW The

Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0042 6 Each Angle Iron

FFP

Angle Iron / 3x2AI / 3" x 2" x 1/4" x 20ft long / Specific Requirements IAW The

Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0043 2 Each Angle Iron

FFP

Angle Iron / 1x1AI / 1" x 1" x 3/16" x 20ft long / Specific Requirements IAW The

Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0044 2 Each C-Channel

FFP

C-Channel / C10x15.3 / C10 x 15.3 channel 20ft long / Specific Requirements

IAW The Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0045 73 Each Sheet Metal

FFP

Sheet Metal / 1/8SM / 1/8" x 60" x 120" / Specific Requirements IAW The

Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0046 2 Each Steel Diamond Plate

FFP

Steel Diamond Plate / 3/16Dp / 3/16" x 60" x 120" / Specific Requirements IAW

The Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0047 6 Each Steel Diamond Plate

FFP

Steel Diamond Plate / 1/4DP / 1/4" x 48" x 96" / Specific Requirements IAW The

Attached Item Description / Price Includes Shipping & Handling to FOB

Destination

FOB: Destination

0048 2 Each Round Bar Stock

FFP

Round Bar Stock / 3/4RD / 3/4" x 20ft / Specific Requirements IAW The Attached

Item Description / Price Includes Shipping & Handling to FOB Destination

FOB: Destination

0049 188 Each Unistrut Channel

FFP

Unistrut Channel / P1000H3 / 1-5/8" x 1-5/8" x 20ft (Pre-galv) / Specific

Requirements IAW The Attached Item Description / Price Includes Shipping &

Handling to FOB Destination

FOB: Destination

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

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0006 Destination Government Destination Government

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0012 Destination Government Destination Government

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0020 Destination Government Destination Government

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0025 Destination Government Destination Government

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0028 Destination Government Destination Government

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0031 Destination Government Destination Government

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0034 Destination Government Destination Government

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DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 8 wks. ADC 2,480 F3YCEB

BRANDON RICHARDSON

OC-ALC/OBC

BLDG 3001 STAFF DR. DOOR G70 POST

N68

TINKER AFB OK 73145

405-582-9995

FOB: Destination

F3YCEB

0002 8 wks. ADC 400 (SAME AS PREVIOUS LOCATION)

0003 8 wks. ADC 22 (SAME AS PREVIOUS LOCATION)

0004 8 wks. ADC 5 (SAME AS PREVIOUS LOCATION)

0005 8 wks. ADC 25 (SAME AS PREVIOUS LOCATION)

0006 8 wks. ADC 6 (SAME AS PREVIOUS LOCATION)

0007 8 wks. ADC 5 (SAME AS PREVIOUS LOCATION)

0008 8 wks. ADC 62 (SAME AS PREVIOUS LOCATION)

0009 8 wks. ADC 15 (SAME AS PREVIOUS LOCATION)

0010 8 wks. ADC 90 (SAME AS PREVIOUS LOCATION)

0011 8 wks. ADC 15 (SAME AS PREVIOUS LOCATION)

0012 8 wks. ADC 270 (SAME AS PREVIOUS LOCATION)

0013 8 wks. ADC 1,770 (SAME AS PREVIOUS LOCATION)

0014 8 wks. ADC 70 (SAME AS PREVIOUS LOCATION)

0015 8 wks. ADC 110 (SAME AS PREVIOUS LOCATION)

0016 8 wks. ADC 1,355 (SAME AS PREVIOUS LOCATION)

0017 8 wks. ADC 680 (SAME AS PREVIOUS LOCATION)

0018 8 wks. ADC 11,000 (SAME AS PREVIOUS LOCATION)

0019 8 wks. ADC 30 (SAME AS PREVIOUS LOCATION)

0020 8 wks. ADC 14 (SAME AS PREVIOUS LOCATION)

0021 8 wks. ADC 1,000 (SAME AS PREVIOUS LOCATION)

0022 8 wks. ADC 1,300 (SAME AS PREVIOUS LOCATION)

0023 8 wks. ADC 235 (SAME AS PREVIOUS LOCATION)

0024 8 wks. ADC 4 (SAME AS PREVIOUS LOCATION)

0025 8 wks. ADC 37 (SAME AS PREVIOUS LOCATION)

0026 8 wks. ADC 140 (SAME AS PREVIOUS LOCATION)

0027 8 wks. ADC 143 (SAME AS PREVIOUS LOCATION)

0028 8 wks. ADC 155 (SAME AS PREVIOUS LOCATION)

0029 8 wks. ADC 83 (SAME AS PREVIOUS LOCATION)

0030 8 wks. ADC 21 (SAME AS PREVIOUS LOCATION)

0031 8 wks. ADC 205 (SAME AS PREVIOUS LOCATION)

0032 8 wks. ADC 260 (SAME AS PREVIOUS LOCATION)

0033 8 wks. ADC 5 (SAME AS PREVIOUS LOCATION)

0034 8 wks. ADC 1,800 (SAME AS PREVIOUS LOCATION)

0035 8 wks. ADC 11 (SAME AS PREVIOUS LOCATION)

0036 8 wks. ADC 2 (SAME AS PREVIOUS LOCATION)

0037 8 wks. ADC 7 (SAME AS PREVIOUS LOCATION)

0038 8 wks. ADC 7 (SAME AS PREVIOUS LOCATION)

0039 8 wks. ADC 6 (SAME AS PREVIOUS LOCATION)

0040 8 wks. ADC 2 (SAME AS PREVIOUS LOCATION)

0041 8 wks. ADC 15 (SAME AS PREVIOUS LOCATION)

0042 8 wks. ADC 6 (SAME AS PREVIOUS LOCATION)

0043 8 wks. ADC 2 (SAME AS PREVIOUS LOCATION)

0044 8 wks. ADC 2 (SAME AS PREVIOUS LOCATION)

0045 8 wks. ADC 73 (SAME AS PREVIOUS LOCATION)

0046 8 wks. ADC 2 (SAME AS PREVIOUS LOCATION)

0047 8 wks. ADC 6 (SAME AS PREVIOUS LOCATION)

0048 8 wks. ADC 2 (SAME AS PREVIOUS LOCATION)

0049 8 wks. ADC 188 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

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

252.203-7003 Agency Office of the Inspector General DEC 2012

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF

1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the

Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the

Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent

Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA

Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point

(DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting

Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm http://www.sam.gov/ http://www.sam.gov/ https://www.acquisition.gov/

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

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

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

Lowest Price Technically Acceptable

STEEL & STUDS

Specific Requirements

Wide Flange Section Structural Steel shall be ASTM A992, Fy 50KSI

Hollow Structural Steel shall be ASTM A500, Grade B, Fy 46KSI

Steel Plate shall be ASTM A572, Grade 50, Fy 50KSI

C-Channel shall be ASTM A36, Fy 36KSI

Angle Iron shall be ASTM A36, Fy 36KSI

CLIN Quantity Product Name Item Description Size

2480 600S200-68 6" Metal Studs 14ga 6" wide x 15 ft long

0002 400 600T200-68 6" Metal Track 14ga 6" wide x 10 ft long

0003 22 MaxTrak 2D (slt/h) 16ga Deflection Track 6" wide x 2-1/2" leg x 10 ft long

0004 5 MaxTrak 2D (slt/h) 16ga Deflection Track 4" wide x 2-1/2" leg x 10 ft long

0005 25 1000S200-68 10" metal Stud 14ga 10" wide x 16 ft long

0006 6 400S162-33 4" metal stud 20ga 4" wide x 12 ft long

0007 5 400T200-33 4" metal track 20ga 4" wide x 10 ft long

0008 62 362s200-54 3-5/8" metal stud 16ga 3-5/8" wide x 15ft long

0009 15 362t200-54 3-5/8" metal track 16ga 3-5/8" wide x 10ft long

0010 90 162s125-33 1-5/8" metal stud 20ga 1-5/8" wide x 15ft long

0011 15 162t125-33 1-5/8" metal track 20ga 1-5/8" wide x 10ft long

0012 270 087f125-54 7/8" furring channel 16ga 7/8" wide x 12ft long

0013 1770 087f125-18 7/8" furring channel 25ga 7/8" wide x 12ft long

0014 70 #103 corner bead Clark Dietrich Corner Bead 1-1/4" x 1-1/4" x 10ft long

0015 110 #093 ZNCJ Clark Dietrich Control Joint Zink 10ft long

0016 1355 5400 Spazzer Clark Dietrich Spazzer Bars 16" notches, 16ga, 50"

0017 680 x545 clip angle 16ga (170pcs box) 5-3/4" long

0018 11000 RSIC Resilient sound isolation clip 1" wide x 3" long

0019 30 TR w/ tabs (16") Tradeready Rim Track 12ga 14" wide x 12ft long

0020 14 TR w/out tabs Tradeready Rim Track 12ga 14" wide x 12ft long

0021 1000 e971 Easy Clips 12ga (40pcs / box) 11" wide

0022 1300 RC-2 Pro Plus Resilient channel 22mils 2-1/2" w x 1/2" D x 12 ft

0023 235 S/HJCT Simpson Strong-Tie 12ga Steel Joist Hangers

0024 4 50-485-120 Drop Ceiling Hanger Wire 12ga x 12ft (100/bundle)

0025 37 1400s200-97 14" Roof Joist 12ga 14" wide x 16ft long

0026 140 1400s200-97 14" Roof Joist 12ga 14" wide x 22ft long

0027 143 1400s200-97 14" Roof Joist 12ga 14" wide x 25ft long

0028 155 1400s200-97 14" Roof Joist 12ga 14" wide x 30ft long

0029 83 1400s200-97 14" Roof Joist 12ga 14" wide x 38ft long

0030 21 1400s200-97 14" Roof Joist 12ga 14" wide x 12ft long

0031 205 PBR Panel (White) 24ga x 1-1/4" Rib Height 3 ft wide x 15ft tall

0032 260 1.5 B22 G90 Vulcraft Roof Decking 3ft wide x 20ft long

0033 5 Expanded metal 3/4 x 9ga flat 4ft x 8ft

0034 1800 Amico Amico Secura Clips Expanded metal Clips (300/boxes)

0035 11 6 x 6 x 3/8sq. square tubing 6" x 6" x 3/8" x 30ft.

0036 2 1 x 1 x 1/8 sq. square tubing 1" x 1" x 1/8" x 20ft.

0037 7 w14 x 34 x 20 Wide Flange Beam W14 x 34 x 20ft long

0038 7 w14 x 34 x 25 Wide Flange Beam w14 x 34 x 25ft long

0039 6 w14 x 68 x 25 Wide Flange Beam w14 x 68 x 25ft long

0040 2 w14 x 68 x 20 Wide Flange Beam w14 x 68 x 20ft long

0041 15 4x4AI Angle Iron 4" x 4" x 1/4" x 20ft long

0042 6 3x2AI Angle Iron 3" x 2" x 1/4" x 20ft long

0043 2 1x1AI Angle Iron 1" x 1" x 3/16" x 20ft long

0044 2 C10x15.3 C-Channel C10 x 15.3 channel 20ft long

0045 73 1/8SM Sheet Metal 1/8" x 60" x 120"

0046 2 3/16Dp Steel Diamond Plate 3/16" x 60" x 120"

0047 6 1/4DP Steel Diamond Plate 1/4" x 48" x 96"

0048 2 3/4RD Round Bar Stock 3/4" x 20ft

0049 188 P1000H3 Unistrut Channel 1-5/8" x 1-5/8" x 20ft (Pre-galv)

All offerors will be evaluated for technical acceptability, deemed either acceptable or unacceptable according to the requirements in the attached Item Description. Only technically acceptable offers will be considered for award.

Evaluation Criteria:

1) Technical Acceptabilty

2) Price

Factors 1 and 2, when combined, are of equal importance.

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

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

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

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

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

“Civil judgment” means—

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

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

https://www.sam.gov/portal

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

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

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance

Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a

State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

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

(i) The Fair Labor Standards Act;

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

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

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

(v) The Family and Medical Leave Act; and

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

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

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

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

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

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

Assistance Act of 1974; and

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

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

(5) Equal Employment Opportunity Commission (EEOC) for--

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

http://www.dol.gov/fairpayandsafeworkplaces

(ii) The Americans with Disabilities Act of 1990;

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

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

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

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

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

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

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

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

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

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

(1) The Fair Labor Standards Act.

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

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

(4) The National Labor Relations Act.

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

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

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

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

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

Assistance Act of 1974.

(10) The Family and Medical Leave Act.

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

(12) The Americans with Disabilities Act of 1990.

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

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

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the

FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

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

``labor laws''.

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

http://www.osha.gov/dcsp/osp/approved_state_plans.html

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

(50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term

“successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business…

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