FA8526-24-Q-0022 signed.pdf
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- Operationalize Air Conditioning Unit ACU-804-MIL Federal contract opportunity
- Solicitation number
- FA8526-24-Q-0022
About this file
This document is a Solicitation (Request for Quotes) for a federal contract opportunity to operationalize an air conditioning unit (ACU-804-MIL) located at Al-Mubarak Air Base in Kuwait.
The key details are: The contractor shall assess the AC unit, determine the requirements to make it operational, and provide the necessary components/consumables to repair, service, and make the unit operational. The contractor shall deliver the repaired/serviced AC unit within 150 days after receipt of order, and the period of performance is 180 days after contract award. This will be a firm-fixed-price contract awarded to the lowest price technically acceptable offer. The government will not provide any government-furnished equipment or services. The contractor must comply with federal requirements regarding recovered materials and biobased products.
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| PWS AC Unit Repair Feb 2024.pdf |
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AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 J
1. REQUISITION NUMBER
FD20602431754
5. SOLICITATION NUMBER
FA8526-24-Q-0022
6. SOLICITATION ISSUE DATE
b. TELEPHONE NUMBER (No collect calls) (*** ) *** -**** ext.
2. CONTRACT NO.
7. FOR SOLICITATION
INFORMATION CALL
3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
a. NAME Theresa B. Younce
8. OFFER DUE DATE/LOCAL
TIME
12. DISCOUNT TERMS11. DELIVERY FOR FOB DEST.
UNLESS BLOCK IS MARKED
SEE SCHEDULE
10. THIS ACQUISITION IS UNRESTRICTED SET ASIDE: % FOR:
SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS
HUBZONE SMALL (WOSB)ELIGIBLE UNDER THE WOMEN-OWNED
BUSINESS SMALL BUSINESS PROGRAM
NAICS CODE:
SERVICE-DISABLED EDWOSB 811210
VETERAN-OWNED SIZE STANDARD
SMALL BUSINESS 8 (A) $34.00 :
13a. THIS CONTRACT IS A
RATED ORDER
UNDER DPAS
(15 CFR 700)
13b. RATING
DO: A1 52.211-14, 52.211-15
14. METHOD OF SOLICITATION
RFQ IFB RFP
9. ISSUED BY CODE
C-17 SUSTAINMENT, AFLCMC/WLMKA
660 11TH ST
CML PHN 478 222 0122
ROBINS AFB GA 31098-2428
BUYER: Theresa B. Younce/WLMK theresa.younce@us.af.mil
15. DELIVER TO CODE
SEE LINE ITEM SCHEDULE
16. ADMINISTERED BY CODE
17a. CONTRACTOR/OFFEROR FACILITY
CODE CODE
18a. PAYMENT WILL BE MADE BY CODE
(SEE ESP CLAUSE 252.232-7003.)
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS
CHECKED. SEE ELECTRONIC SUBMISSION OF PAYMENT REQUESTS, CLAUSE 252.232-7003.
FA8526
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
ROUTINE
Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for 120 days.
SEE LINE ITEM SCHEDULE
(Attach Additional Sheets as Necessary)
26. AWARD AMOUNT (For Gov’t use only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO ISSUING
OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS
SPECIFIED HEREIN.
29. AWARD OF CONTRACT: REF. OFFER DATED - - . YOUR OFFER ON
SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
X
X
X X
X
25. ACCOUNTING AND APPROPRIATION DATA SEE FUNDS SCHEDULE
X
SCD:A
EFT:T
Total
STANDARD FORM 1449 (REV. 2/2012) BACK
COMPUTER GENERATED 4/5/2024, 8:05 AM
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32b. SIGNATURE OF AUTHORIZED GOV’T REPRESENTATIVE
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
32c. DATE
41c. DATE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER36. PAYMENT
COMPLETE PARTIAL FINAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
SEE LINE ITEM SCHEDULE
(Attach Additional Sheets as Necessary)
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
FA8526-24-Q-0022
SUPPLIES OR SERVICES AND PRICES/COSTS
Prices quoted for all CLINs shall be expressed in US Currency.
Inspection of Equipment
Item No.
Firm Fixed Price Quantity U/I Unit Price Amount
1 EA
J017 Unscheduled Depot Level Maintenance and Modifications Contractor shall travel to Al-Mubarak Air Base Kuwait to teardown, inspect and determine if the following equipment is repairable and if repairable, determine the requirements needed to make the following equipment operational.
ACU-804-MIL Air Conditioning Unit Serial No. T32157 This contract line item is to be negotiated as Firm-Fixed-Price.
Associated Document(s) Line Item(s)
FD20602431754 0001
Limitations of Liability: Other Than High Value Item
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection Class I ODS Substance Application/Use Quantity
NONE
Place of Perf Quantity (U/I) *ARO Contract _ Req No / Pri
Required Period of Performance
1 EA *60 Calendar Days
Proposed Period of Performance
1 EA
Note to Contractor: The findings from CLIN 0001 will determine whether CLIN 0002 or 0003 will be exercised based on the need for repair or if replacement is needed. Please provide a quote for both options.
Option 1 Repair ACU804MIL Air Conditioning Unit
Item No.
Firm Fixed Price Quantity U/I Unit Price Amount
1 EA
J017
Option 1 Repair ACU804MIL Air Conditioning Unit
Unscheduled Depot Level Maintenance and Modifications Contractor shall include, but not limited to, components/consumables to repair, service, and make operational ACU‐804‐MIL Air Conditioning Unit Serial No. T32157 This contract line item is to be negotiated as Firm‐Fixed‐Price.
Associated Document(s) Line Item(s)
FD20602431754 0001
Limitations of Liability: Other Than High Value Item
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection Class I ODS Substance Application/Use Quantity
NONE
Place of Perf Quantity (U/I) *ARO Contract _ Req No / Pri
Required Period of Performance
1 EA *180 Calendar Days
Proposed Period of Performance
1 EA
Option 2 Delivery and Installation of a Replacement Unit
Item No.
Firm Fixed Price Quantity U/I Unit Price Amount
1 EA
J017 Unscheduled Depot Level Maintenance and Modifications Delivery and installation of a replacement ACU‐804‐MIL Air Conditioning Unit Serial No. T32157 This contract line item is to be negotiated as Firm‐Fixed‐Price.
Limitations of Liability: Other Than High Value Item
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection Class I ODS Substance Application/Use Quantity
NONE
Place of Perf Quantity (U/I) *ARO Contract _ Req No / Pri
Required Period of Performance
1 EA *180 Calendar Days
Option 2 Delivery and Installation of a Replacement Unit
Proposed Period of Performance
1 EA
CONTRACT CLAUSES
252.2037000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) (IAW DFARS 203.171‐4(a), DFARS 212.301(f)(ii))
252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE
TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023)
(IAW DFARS 204.2105(c))
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(JUN 2023)
(IAW FAR 12.301(b)(4))
(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) 52.20319,Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204‐23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115‐91).
(3) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 89(a)(1)(A) of Pub. L. 115‐232).
(4) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(5) 52.233‐3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 52.233‐4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108‐77, 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:
[Contracting Officer check as appropriate.] __ __ (1) 52.2036, Restrictions on Subcontractor Sales to the Government (JUN 2020), with
Alternate I (NOV 2021)(41 U.S.C. 4704 and 10 U.S.C. 4655).
__ __ (2) 52.20313, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.
3509).
__ __ (3) 52.20315, Whistleblower Protections Under the American Recovery and Reinvestment
Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111‐5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__X __ (4) 52.20410, Reporting Executive Compensation and First‐Tier Subcontract Awards (JUN 2020) (Pub. L. 109‐282) (31 U.S.C. 6101 note).
(5) [Reserved] __ __ (6) 52.20414, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111‐117, section 743 of Div. C).
__ __ (7) 52.20415, Service Contract Reporting Requirements for Indefinite‐Delivery Contracts
(Oct 2016) (Pub. L. 111‐117, section 743 of Div. C).
__X __ (8) 52.20427, Prohibition on a ByteDance Covered Application (June 2023) (Section 102 of
Division R of Pub. L. 117‐328).
__X __ (9) 52.2096, Protecting the Government’s Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment (NOV 2021) (31 U.S.C. 6101 note).
__ __ (10) 52.2099, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
____ (11) [Reserved} __ __ (12) (i) 52.2193, Notice of HUBZone Set‐Aside or Sole‐Source Award (OCT 2022)(15 U.S.C.
657a).
__ __ (12) (ii) Alternate I (MAR 2020) of 52.219‐3.
__ __ (13) (i) 52.2194, Notice of Price Evaluation Preference for HUBZone Small Business Concerns
(OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
__ _ (13) (ii) Alternate I (MAR 2020) of 52.219‐4.
(14) [Reserved]
__ __ (15) (i) 52.2196, Notice of Total Small Business Set‐Aside (NOV 2020)(15 U.S.C. 644).
__ __ (15) (ii) Alternate I (MAR 2020) OF 52.219‐6.
__ __ (16) (i) 52.2197, Notice of Partial Small Business Set‐Aside (NOV 2020)(15 U.S.C. 644).
__ __ (16) (ii) Alternate I (MAR 2020) of 52.219‐7.
__ __ (17) 52.2198, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)).
(18) (i) 52.2199, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).
__ __ (18) (ii) Alternate I (Nov 2016) of 52.219‐9.
__ __ (18) (iii) Alternate II (Nov 2016) of 52.219‐9.
__ __ (18) (iv) Alternate III (JUN 2020) of 52.219‐9.
(18) (v) Alternate IV (SEP 2021) of 52.219‐9.
__ (19) (i) 52.21913, Notice of Set‐Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
__ (19) (ii) Alternate I (MAR 2020) of 52.219‐13.
__ (20) 52.21914, Limitations on Subcontracting (OCT 2022)(15 U.S.C. 657s).
__ __ (21) 52.21916, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.
637(d)(4)(F)(i)).
__ __ (22) 52.219–27, Notice of Service‐Disabled Veteran‐Owned Small Business Set‐Aside (OCT
2022) (15 U.S.C. 657f).
__ __ (23) (i) 52.21928, Post‐Award Small Business Program Rerepresentation (OCT 2022) (15
U.S.C. 632(a)(2)).
(23) (ii) Alternate I (MAR 2020) of 52.219‐28.
__ __ (24) 52.21929, Notice of Set‐Aside for, or Sole‐Source Award to, Economically Disadvantaged Women‐Owned Small Business Concerns (OCT 2022) (15 U.S.C.
637(m)).
__ __ (25) 52.21930, Notice of Set‐Aside for, or Sole‐Source Award to, Women‐Owned Small Business Concerns Eligible Under the Women‐Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).
(26) 52.21932, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C.
644(r)).
(27) 52.21933, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).
__X __ (28) 52.2223, Convict Labor (June 2003)(E.O. 11755).
__ __ (29) 52.22219, Child Labor—Cooperation with Authorities and Remedies (DEC 2022) (E.O.
13126).
__ __ (30) 52.22221, Prohibition of Segregated Facilities (Apr 2015).
__X __ (31) (i) 52.22226, Equal Opportunity (Sept 2016) (E.O. 11246
(31) (ii) Alternate I (Feb 1999) of 52.222‐26.
__ __ (32) (i) 52.22235, Equal Opportunity for Veterans (JUN 2020)(38 U.S.C.
4212).
(32) (ii) Alternate I (July 2014) of 52.222‐35.
__X __ (33) (i) 52.22236, Equal Opportunity for Workers with Disabilities (JUN
2020) (29 U.S.C. 793).
(33) (ii) Alternate I (July 2014) of 52.222‐36.
__ __ (34) 52.22237, Employment Reports on Veterans (JUN 2020)(38 U.S.C. 4212).
__ __ (35) 52.22240, Notification of Employee Rights Under the National Labor relations Act (Dec 2010) E.O. 13496).
__ __ (36) (i) 52.22250, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
__ __ (36) (ii) Alternate I (Mar 2015) of 52.222‐50 (22 U.S.C. chapter 78 and E.O. 13627).
__ __ (37) 52.22254, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (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.)
__ __ (38) (i) 52.2239, 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.)
__ _ (38) (ii) Alternate I (May 2008) of 52.223‐9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)
__X __ (39) 52.22311, Ozone‐Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June 2016) (E.O. 13693).
__X __ (40) 52.22312, Maintenance, Service, repair, or Disposal of Refrigeration Equipment and Air Conditioners (June 2016) (E.O.13693).
__ _ (41) (i) 52.22313, Acquisition of EPEAT®‐Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ _ (41) (ii) Alternate I (Oct 2015) of 52.223‐13.
__ _ (42) (i) 52.22314, Acquisition of EPEAT®‐Registered Televisions (Jun 2014) (E.O.s 13423 and
13514).
__ _ (42) (ii) Alternate I (Jun 2014) of 52.223‐14.
__ __ (43) 52.22315, Energy Efficiency in Energy‐Consuming Products (MAY 2020) (42.U.S.C.
8259b).
__ __ (44) (i) 52.22316, Acquisition of EPEAT®‐Registered Personal Computer Products (Oct 2015)
(E.O.s 13423 and 13514).
__ _ (44) (ii) Alternate I (Oct 2015) of 52.223‐16.
__ __ (45) 52.22318, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN
2020) (E.O.13513).
__X __ (46) 52.22320, Aerosols (Jun 2016) (E.O. 13693) __X __ (47) 52.22321, Foams (Jun 2016) (E.O. 13693).
__ __ (48) (i) 52.2243, Privacy Training (Jan 2017) (5 U.S.C. 552a).
___ (48) (ii) Alternate I, (Jan 2017) of 52.244‐3.
__ __ (49) 52.2251, Buy American‐‐Supplies (NOV 2021) (41 U.S.C. chapter 83).
__ __ (50) (i) 52.2253, Buy American‐‐Free Trade Agreements‐‐Israeli Trade Act (DEC 2022) (19
U.S.C. 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.
__ _ (50) (ii) Alternate I [Reserved].
__ _ (50) (iii) Alternate II (DEC 2022) of 52.225‐3.
__ _ (50) (iv) Alternate III (JAN 2021) of 52.225‐3.
__ _ (50) (v) Alternate IV (OCT 2022) of 52.225‐3.
__ __ (51) 52.2255, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__X __ (52) 52.22513, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury).
__ __ (53) 52.22526, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization
Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__ __ (54) 52.2264, Notice of Disaster or Emergency Area Set‐Aside (Nov 2007)(42 U.S.C. 5150).
__ __ (55) 52.2265, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov
2007)(42 U.S.C. 5150).
__ __ (56) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).
__ __ (57) 52.23229, Terms for financing of Purchases of Commercial Products and Commercial
Services (NOV 2021)(41 U.S.C. 4505, 10 U.S.C. 3805).
__ __ (58) 52.23230, Installment Payments for Commercial Products and Commercial Services
(NOV 2021)(41 U.S.C. 4505, 10 U.S.C. 3805).
__X __ (59) 52.23233, Payment by Electronic Funds Transfer—System for Award Management (Oct
2018) (31.U.S.C. 3332).
__ __ (60) 52.23234, Payment by Electronic Funds Transfer—Other than System for Award
Management (Jul 2013)(31.U.S.C. 3332).
__ __ (61) 52.23236, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ __ (62) 52.2391, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ __ (63) 52.2425, Payment to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
__ __ (64) (i) 52.24764, Preference for Privately Owned U.S.‐Flag Commercial Vessels (NOV 2021)
(46 U.S.C. 55305 and 10 U.S.C. 2631).
__ _ (64) (ii) Alternate I (Apr 2003) of 52.247‐64.
(64) (iii) Alternate II (NOV 2021) of 52.247‐64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.] __X __ (1) 52.22241, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
__X __ (2) 52.22242, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ __ (3) 52.22243, Fair Labor Standards Act and Service Contract Labor Standards‐‐Price
Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ __ (4) 52.22244, Fair Labor Standards Act and Service Contract Labor Standards ‐ Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ __ (5) 52.22251, 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).
__ __ (6) 52.22253, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014)(41 U.S.C. chapter 67).
__X __ (7) 52.22255, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
__X __ (8) 52.22262, Paid Sick Leave Under Executive Order 13706. (Jan 2022) (E.O. 13706).
__ __ (9) 52.2266, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42
U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, 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 paragraphs (e)(1) of this paragraph 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) 52.20313, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
(ii) 52.20319, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.20423, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.
115‐91).
(iv) 52.20425, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115‐232).
(v) 52.20427, Prohibition on a ByteDance Covered Application (June 2023) (Section 102 of Division R of Pub. L. 117‐328).
(vi) 52.2198, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds 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.
(vii) 52.22221, Prohibition of Segregated Facilities (Apr 2015).
(viii) 52.22226, Equal Opportunity (Sep 2016) (E.O. 11246).
(ix) 52.22235, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(x) 52.22236, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(xi) 52.22237, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xii) 52.22240, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222‐40.
(xiii) 52.22241, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).
(xiv) (A) 52.222‐50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (Mar 2015) of 52.222‐50 (22 U.S.C. chapter 78 E.O. 13627).
(xv) 52.22251, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment‐‐Requirements (May 2014) (41 U.S.C. chapter 67.)
(xvi) 52.22253, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services‐‐Requirements (May 2014) (41 U.S.C. chapter 67)
(xvii) 52.22254, Employment Eligibility Verification (MAY 2022) (E. O. 12989).
(xviii) 52.22255, Minimum Wages for Contractor Workers Under Executive Order 14026
(JAN 2022).
(xix) 52.22262, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xx) (A) 52.2243, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224‐3.
(xxi) 52.22526, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;
10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxii) 52.2266, 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.
(xxiii) 52.23240, 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.
(xxiv) 52.24764, Preference for Privately‐Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247‐64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
252.225-7972 PROHIBITION ON THE PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT
SYSTEMS (DEVIATION 2020-O0015) (MAY 2020)
(IAW Deviation 2020-O0015)
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS
(DEC 2018)
(IAW DFARS 232.7004(a))
(a) Definitions. As used in this clause—
(1) “Contract financing payment” and “invoice payment” have the meanings given in section 32.001 of the Federal Acquisition Regulation.
(2) “Electronic form” means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e‐mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.
(3) “Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/ .
(c) The Contractor may submit a payment request and receiving report using other than WAWF only when—
(1) The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor and the Contracting Officer shall agree to a plan, which shall include a timeline, specifying when the Contractor will transfer to WAWF;
(2) DoD is unable to receive a payment request or provide acceptance in electronic form;
(3) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer’s determination with each request for payment; or
(4) DoD makes a payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD‐approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System).
(d) The Contractor shall submit any non‐electronic payment requests using the method or methods specified in Section G of the contract.
(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.
252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)
(IAW DFARS 232.7102)
252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR
PERSONNEL (JAN 2023)
(IAW DFARS 237.173-5)
ADDENDUM TO CLAUSE 52.212‐4
252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)
(IAW DFARS 201.602-70)
5352.201-9101 OMBUDSMAN (JUN 2023)
(IAW DAFFARS 5301.9103)
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern.
The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.
(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee‐employer actions, contests of OMB Circular A‐76 competition performance decisions).
(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Thomas (Tom) Eller, D.B.A. at 478 222 ‐4097 , FAX 000 000 ‐0000 , email thomas.eller.1@us.af.mil . Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Department of the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330‐1060, phone number (571) 256‐2395, facsimile number (571) 256‐2431.
(d) The ombudsman has no authority to render a decision that binds the agency.
(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements.
Such inquiries shall be directed to the contracting officer.
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
(DEC 2022)
(IAW DFARS 203.970)
252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION
SUPPORT (JAN 2023)
(IAW DFARS 204.7403(b), DFARS 212.301(f)(i)(F))
252.204-7022 EXPEDITING CONTRACT CLOSEOUT (MAY 2021)
(IAW DFARS 204.804-70)
52.211-8 TIME OF DELIVERY (JUN 1997)
(IAW FAR 11.404(a)(2))
DELIVERY FOR EACH ITEM IS ANNOTATED IN THE SCHEDULE (PART I SECTION B) UNDER EACH LINE ITEM.
52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (DEC 2022)
(IAW FAR 12.301(b)(3))
52.215-2 AUDIT AND RECORDS--NEGOTIATION (JUN 2020)
(IAW FAR 15.209(b)(1))
THE FOLLOWING IS FILLIN DATA FOR CLAUSE 52.2125 PARA (b)(22):
52.21928 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021)
(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code ________ assigned to contract number _______________.
THE FOLLOWING IS FILLIN DATA FOR CLAUSE 52.2125 PARA (c)(2):
52.22242 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)
This Statement is for Information Only:
It is not a Wage Determination
Employee Class Monetary Wage Fringe Benefits
5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS)
(JUN 2023)
(IAW DAFFARS 5323.804-90)
52.225-19 CONTRACTOR PERSONNEL IN A DESIGNATED OPERATIONAL AREA OR
SUPPORTING A DIPLOMATIC OR CONSULAR MISSION OUTSIDE THE UNITED
STATES (MAY 2020)
(IAW FAR 25.301-4, DFARS 225.301-4)
(i) Weapons.
(1) If the Contracting Officer, subject to the approval of the Combatant Commander or the Chief of Mission, authorizes the carrying of weapons.—
(i) The Contracting Officer may authorize an approved Contractor to issue Contractor‐owned weapons and ammunition to specified employees; or
(ii) The ************ may issue Government‐furnished weapons and ammunition to the Contractor for issuance to specified Contractor employees.
252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013)
(IAW DFARS 225.7901-4)
252.232-7004 DOD PROGRESS PAYMENT RATES (DEVIATION 2020-O0010, Revision 2)
(MAR 2020)
(IAW Deviation 2020-O0010, Revision 2)
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(IAW DFARS 232.7004(b), PGI 232.7004(b)(1), DFARS 212.301(f)(liii))
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
(Contracting Officer: Insert applicable document type(s).
Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (standalone) and “Receiving Report” (standalone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC Issue By DoDAAC Admin DoDAAC Inspect By DoDAAC Ship To Code Ship From Code Mark For Code Service Approver (DoDAAC) Service Acceptor (DoDAAC) Accept at Other DoDAAC LPO DoDAAC DCAA Auditor DoDAAC Other DoDAAC(s) (*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back‐up documentation, as defined in DFARS Appendix F, (e.g.
timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the e‐mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
(Contracting Officer: Insert applicable email addresses or “Not applicable.”)
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
(Contracting Officer: Insert applicable information or “Not applicable.”)
(2) For technical WAWF help, contact the WAWF helpdesk at 866‐618‐5988.
252.243-7999 SECTION 3610 REIMBURSEMENT (DEVIATION 2020-O0021) (AUG 2020)
(IAW Deviation 2020-O0021, Revision 3)
INSPECTION AND ACCEPTANCE (SEP 1999)
(IAW FAR 46.401(b), FAR 46.503)
SOLICITATION PROVISIONS
REPRESENTATIONS, INSTRUCTIONS AND EVALUATIONS
252.204-7024 NOTICE ON THE USE OF THE SUPPLIER PERFORMANCE RISK SYSTEM
(MAR 2023)
(IAW DFARS 204.7604)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (DEVIATION 2023-O0002) (DEC 2022)
(IAW Deviation 2023-O0002 Rev. 1)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision ‐
Covered telecommunications equipment or services has the meaning provided in the clause 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Economically disadvantaged womenowned 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.
Highestlevel owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000‐9999, except‐
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Reasonable inquiry has the meaning provided in the clause 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil‐related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110‐174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate ‐
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the
Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology ‐
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically ‐
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International
Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
Servicedisabled veteranowned 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) Servicedisabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service‐connected, as defined in 38 U.S.C. 101(16).
Small business concern –
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that ‐
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by ‐
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $850,000 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.
Veteranowned small business concern means a small business concern ‐
16. Not less than 51 percent of which is owned by one or more veterans (as defined at
38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Womenowned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
Womenowned small business concern means a small business concern ‐
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
Womenowned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third‐party certifier in accordance with 13 CFR 127.300.
(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212‐3, Offeror Representations and Certifications ‐ Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs [ ].
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that ‐
(i) It [ ] is, [ ] is not a small business concern; or
(ii) It [ ] is, [ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ______.
(2) Veteranowned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran‐owned small business concern.
(3) Servicedisabled veteranowned small business concern. [Complete only if the offeror represented itself as a veteranowned small business concern in paragraph (c)(2) of this provision.]
The offeror represents as part of its offer that ‐
(i) It [ ] is,[ ] is not a service‐disabled veteran‐owned small business concern; or
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ______.] Each service‐disabled veteran‐owned small business concern participating in the joint venture shall provide representation of its service‐disabled veteran‐owned small business concern status.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Womenowned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a women‐owned small business concern.
(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).
[The offeror shall enter the name and unique entity identifier of each party to the joint venture:______.]
(7) Economically disadvantaged womenowned small business (EDWOSB) joint venture. The offeror represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of
13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture:______.]
Note to paragraphs (c)(8) and (9):
Complete paragraphs (c)(8) and (9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(8) Womenowned business concern (other than small business concern). [Complete only if the offeror is a womenowned business concern and did not represent…
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