FormSF1449.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

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 ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

FAXED QUOTES WILL NOT BE ACCEPTED.

QUOTES SHOULD BE E-MAILED TO

MARION.SMITH@NOAA.GOV

IF VENDOR IS NOT ABLE TO EMAIL THE QUOTE

PLEASE CONTACT MARION SMITH BY CALLING

816-268-3104.

QUOTES MUST BE RECEIVED BY THIS OFFICE BY

THE DUE DATE AND TIME TO BE CONSIDERED

WITHIN THE DEADLINE.

0001 BASE YEAR

PERIOD OF PERFORMANCE

JUNE 1, 2022 THROUGH MAY 31, 2023

AMOUNT OF HYDROGEN TO BE DELIVERED ON AN

ANNUAL BASIS 60,840 CUBIC FEET, AMOUNT OF

HYDROGEN IS AN ESTIMATE.

THE CONTRACTOR SHALL BE PAID FOR ACTUAL

USAGE.

APPROXIMATELY 260 CYLINDERS PER YEAR

Hydrogen Gas $ ____________ per cylinder ( preferred 250 cf not to exceed 300 cf)

Cubic Feet ______________ per cylinder

Delivery Fee $ _____________ per delivery (52 WEEKS)

Hazmat $ _____________ per delivery

Cylinder Rent $ _________________ per cylinder per day or per month (circle one)

Additional Fees $ _________________ (identify name of fee, price, and frequency, if applicable)

Hydrogen gas shall be industrial grade with a purity of 99.9% or better.

SHIP TO:

SPRINGFIELD WFO MISSOURI

5805 WEST HIGHWAY EE

SPRINGFIELD MO 65802-8400

Period of Performance: 06/01/2022 to 05/31/2023

1.00 LO

OPT

0002 OPTION YEAR 1

PERIOD OF PERFORMANCE

JUNE 1, 2023 THROUGH MAY 31, 2024

AMOUNT OF HYDROGEN TO BE DELIVERED ON AN

ANNUAL BASIS 60,840 CUBIC FEET, AMOUNT OF

HYDROGEN IS AN ESTIMATE.

THE CONTRACTOR SHALL BE PAID FOR ACTUAL

USAGE.

APPROXIMATELY 260 CYLINDERS PER YEAR

Hydrogen Gas

1.00 LO

PAGE 3 OF 41 1333MH22QNWWR0027

$ ____________ per cylinder ( preferred 250 cf not to exceed 300 cf)

Cubic Feet ______________ per cylinder

Delivery Fee $ _____________ per delivery (52 WEEKS)

Hazmat $ _____________ per delivery

Cylinder Rent $ _________________ per cylinder per day or per month (circle one)

Additional Fees $ _________________ (identify name of fee, price, and frequency, if applicable)

Hydrogen gas shall be industrial grade with a purity of 99.9% or better.

SHIP TO:

SPRINGFIELD WFO MISSOURI

5805 WEST HIGHWAY EE

SPRINGFIELD MO 65802-8400

Period of Performance: 06/01/2023 to 05/31/2024

OPT

0003 OPTION YEAR 2

PERIOD OF PERFORMANCE

JUNE 1, 2024 THROUGH MAY 31, 2025

AMOUNT OF HYDROGEN TO BE DELIVERED ON AN

ANNUAL BASIS 60,840 CUBIC FEET, AMOUNT OF

HYDROGEN IS AN ESTIMATE.

THE CONTRACTOR SHALL BE PAID FOR ACTUAL

USAGE.

APPROXIMATELY 260 CYLINDERS PER YEAR

Hydrogen Gas $ ____________ per cylinder ( preferred 250 cf not to exceed 300 cf)

Cubic Feet ______________ per cylinder

Delivery Fee $ _____________ per delivery (52 WEEKS)

Hazmat $ _____________ per delivery

Cylinder Rent $ _________________ per cylinder per day or per month (circle one)

Additional Fees $ _________________ (identify name of fee, price, and frequency, if applicable)

Hydrogen gas shall be industrial grade with a purity of 99.9% or better.

PAGE 4 OF 41 1333MH22QNWWR0027

SHIP TO:

SPRINGFIELD WFO MISSOURI

5805 WEST HIGHWAY EE

SPRINGFIELD MO 65802-8400

Period of Performance: 06/01/2024 to 05/31/2025

OPT

0004 OPTION YEAR 3

PERIOD OF PERFORMANCE

JUNE 1, 2025 THROUGH MAY 31, 2026

AMOUNT OF HYDROGEN TO BE DELIVERED ON AN

ANNUAL BASIS 60,840 CUBIC FEET, AMOUNT OF

HYDROGEN IS AN ESTIMATE.

THE CONTRACTOR SHALL BE PAID FOR ACTUAL

USAGE.

APPROXIMATELY 260 CYLINDERS PER YEAR

Hydrogen Gas $ ____________ per cylinder ( preferred 250 cf not to exceed 300 cf)

Cubic Feet ______________ per cylinder

Delivery Fee $ _____________ per delivery (52 WEEKS)

Hazmat $ _____________ per delivery

Cylinder Rent $ _________________ per cylinder per day or per month (circle one)

Additional Fees $ _________________ (identify name of fee, price, and frequency, if applicable)

Hydrogen gas shall be industrial grade with a purity of 99.9% or better.

SHIP TO:

SPRINGFIELD WFO MISSOURI

5805 WEST HIGHWAY EE

SPRINGFIELD MO 65802-8400

Period of Performance: 06/01/2025 to 05/31/2026

1.00 LO

OPT

0005 OPTION YEAR 4

PERIOD OF PERFORMANCE

JUNE 1, 2026 THROUGH MAY 31, 2027

AMOUNT OF HYDROGEN TO BE DELIVERED ON AN

ANNUAL BASIS 60,840 CUBIC FEET, AMOUNT OF

HYDROGEN IS AN ESTIMATE.

THE CONTRACTOR SHALL BE PAID FOR ACTUAL

USAGE.

APPROXIMATELY 260 CYLINDERS PER YEAR

Hydrogen Gas $ ____________ per cylinder ( preferred 250 cf not to exceed 300 cf)

Cubic Feet

PAGE 5 OF 41 1333MH22QNWWR0027

______________ per cylinder

Delivery Fee $ _____________ per delivery (52 WEEKS)

Hazmat $ _____________ per delivery

Cylinder Rent $ _________________ per cylinder per day or per month (circle one)

Additional Fees $ _________________ (identify name of fee, price, and frequency, if applicable)

Hydrogen gas shall be industrial grade with a purity of 99.9% or better.

SHIP TO:

SPRINGFIELD WFO MISSOURI

5805 WEST HIGHWAY EE

SPRINGFIELD MO 65802-8400

Period of Performance: 06/01/2026 to 05/31/2027

PAGE 6 OF 41 1333MH22QNWWR0027

Table of Contents

IT SECURITY INFORMATION

SAP EVAL 1352.213-70 HYDROGEN

STATEMENT OF NEED

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-13SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-16COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

52.204-18COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.212-1INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

52.212-4CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-40PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (NOV 2021)

52.237-1 SITE VISIT (APR 1984)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

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

1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

52.204-24REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(NOV 2021)

52.204-25PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

52.212-3OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV

2021)

52.212-5CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (JAN 2022)

52.216-2ECONOMIC PRICE ADJUSTMENT--STANDARD SUPPLIES (NOV 2021)

52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

1352.215-72 INQUIRIES (APR 2010)

1352.228-70 INSURANCE COVERAGE (APR 2010)

1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE- FIXED PRICE (APR 2010)

1352.233-70 AGENCY PROTESTS (APR 2010)

1352.237-75 KEY PERSONNEL (APR 2010)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

1330-52.222-70NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE POLICY (MAY 2018)... 35

1330-52.237-70CONTRACTOR COMMUNICATIONS

1330-52.237-71NOAA GOVERNMENT-CONTRACTOR RELATIONS - NON-PERSONAL SERVICES CONTRACT (SEPT 2017)

1330-52.237-72CONTRACTOR ACCESS TO NOAA FACILITIES (SEPT 2017)

1330-52.242-70SUBMITTAL OF INVOICES

1330-52.243-70REQUESTS FOR EQUITABLE ADJUSTMENT (OCT 2017)

1330-52.270-304NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2016)

PAGE 7 OF 41 1333MH22QNWWR0027

CLAUSES

IT SECURITY INFORMATION

PAGE 8 OF 41 1333MH22QNWWR0027

IT SECURITY INFORMATION

Security Requirements: The C&A requirements of clause CAR 1352.239-73 Security Requirements for Information Technology Resources (October 2003) does not apply, and a Security Accreditation Package is not required.

SAP EVAL 1352.213-70 HYDROGEN

PAGE 9 OF 41 1333MH22QNWWR0027

1352.213-70 EVALUATION UTILIZING SIMPLIFIED ACQUISITION PROCEDURES (APR 2010)

The Government will issue an order resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors. This is a firm fixed price purchase order. The following factors will be used to evaluate quotations. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors.

(1) Past Performance. The offeror’s past performance showing work performed on similar or related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction.

Contractors must provide a list of at least two but no more than three contacts, including name, address, and phone numbers, past government contracts, if available for similar work performed in accordance with the statement of work.

(2) Price. The line items shall be used to determine low price. This shall include line items 1-5 which shall include pricing for a 6 month option under FAR 52.217-8.

(End of clause)

STATEMENT OF NEED

PAGE 10 OF 41 1333MH22QNWWR0027

STATEMENT OF NEED

Hydrogen for NWS

WFO Springfield, MO

BACKGROUND

The National Weather Service (NWS) is a 24 hour, 365 day operation, and is a public safety agency.

The primary mission of the NWS is the protection of life and property. The NWS in Springfield, MO launches weather balloons routinely twice a day. Each balloon requires approximately 70 cubic feet (CF) of hydrogen. Instrumentation is attached to each balloon which provides measurements of temperature, humidity, wind speed and direction, and height. This data is transmitted worldwide and used to make weather forecasts out to 10 days.

OBJECTIVE

The objective of the NWS is to receive and keep on-hand an adequate supply of hydrogen (up to 5,000

CF, but no less than 2,500 CF) to perform the weather balloon launches on schedule. The supply will be re-stocked on a weekly basis.

SCOPE

The Contractor is responsible for supplying hydrogen to the NWS office located at 5805 West Highway EE, Springfield, MO 65802. The total amount of hydrogen to be delivered for each period of this requirement (base period plus four option periods) is a minimum of 50,960 CF, up to a maximum of 60,840 CF, achieved with deliveries every week of between 1,000 CF and 2,500 CF per delivery. There may be additional unscheduled deliveries during this period.

PERIOD OF PERFORMANCE

The base period of performance for this requirement is 12 months, beginning June 1, 2022 and ends

May 31, 2023, with the options to extend up to four additional periods of one year each:

• Option 1: JUNE 1, 2023 THROUGH MAY 31, 2024

• Option 2: JUNE 1, 2024 THROUGH MAY 31, 2025

• Option 3: JUNE 1, 2025 THROUGH MAY 31, 2026

• Option 4: JUNE 1, 2026 THROUGH MAY 31, 2027

PAGE 11 OF 41 1333MH22QNWWR0027

PLACE OF PERFORMANCE

All deliveries are to be made to the NWS office at 5805 West Highway EE, Springfield, MO 65802.

The point of delivery is at the Upper Air Inflation building.

REQUIREMENTS

Site Storage and Usage: This site will store up to 5,000 CF of hydrogen on site at a time in no more than 20 individual cylinders. All hydrogen must be provided in individual cylinders as the facility is not arranged to allow for other configurations. The Government has space at the delivery point to safely receive and store up to 20 cylinders of hydrogen at a time.

Usage and correlated number of cylinders per delivery depends on how many cubic feet of hydrogen is provided in each cylinder. This also has the potential to vary if we have to launch extra balloons. Over an average seven day period, with no extra launches, we will use approximately 1,000 CF of hydrogen.

Initial Delivery: The Contractor shall supply 5,000 CF of hydrogen on or shortly after June 1, 2022, with the actual delivery date coordinated with the Weather Forecast Office (WFO); see Points of Contacts in section 8, below.

Delivery Schedule: The delivery schedule shall be arranged upon contract award with one of the NWS points of contact listed in section 8, below. After the initial delivery, the Contractor will replenish back to 5,000 CF of hydrogen on a weekly basis, in accordance with the arranged schedule, replacing all empty hydrogen cylinders with full hydrogen cylinders. The Contractor shall pick up the empty cylinders in the same trip.

If additional deliveries are required prior to the next regularly scheduled delivery, the NWS will contact the Contractor and request the additional delivery, with delivery to be completed within two business days of being contacted. The delivery schedule shall be arranged upon contract award with one of the NWS points of contact listed in paragraph 8 below.

Balloon launches occur twice a day, every day of the year, regardless of holidays. Therefore, the delivery schedule needs to be maintained regardless of holidays. If a holiday falls on a scheduled delivery day and the Contractor is not able to complete a regularly scheduled delivery, the Contractor shall make arrangements in advance for an alternate delivery date. The Contractor will contact the NWS office if a delivery is going to be delayed for any other reason.

In the event the Contractor is unable to provide a scheduled delivery, the Contractor is responsible for communicating the shortage to the NWS as soon as possible, but no less than two days prior to the next scheduled delivery. If the Contractor is unable to find a reasonable supply in time to fill the requirement, the NWS reserves the right to purchase hydrogen from another supplier outside of this contract.

Performing Deliveries: The Contractor shall contact NWS personnel at this location when arriving for a delivery. The loading area is 5805 West Highway EE, Springfield, MO 65802. The loading area will remain clear of obstructions and all safety rules shall be followed. Cylinders can be rolled from a truck lift gate to its delivery point. NWS personnel will remain with driver throughout the delivery unlocking and locking doors as needed. NWS personnel will not assist with loading or unloading of cylinders.

PAGE 12 OF 41 1333MH22QNWWR0027

The Contractor shall ensure the bottles are securely strapped to the stand at delivery and placed in an orderly/neat and clean fashion with cap loose and nozzle facing out. The Contractor shall perform the deliveries in such a manner that there will be minimal interruption to or interference with the normal operation of Government business on the premises.

Evidence of Delivery: The Driver shall provide evidence of delivery by way of receipt signed by an NWS representative at the time of delivery. A copy of the signed receipt shall also be attached to the associated invoice when mailed.

Compliance: If any of the deliveries do not conform to contract requirements (i.e. a delivery results in less than full replenishment of hydrogen to 5,000 CF, or delivery results in unsafe conditions on-site, etc.), the Government reserves the right to require the Contractor to bring the delivery into conformity with contract requirements within 24 hours’ notice, at no increase in contract amount (i.e. without additional delivery charges).

Transition Period: If this contract is awarded to other than the incumbent Contractor, then prior to the first day of the contract, the new Contractor and one of the agency points of contact, listed in section 8 below, shall establish the delivery schedule, including coordinating the initial delivery to coincide with the pickup of cylinders by the former contractor. Likewise, upon completion of this contract, if the new follow-on contract is awarded to other than the current Contractor, the current Contractor shall participate in the transition coordination efforts in order to minimize the risk of a missed balloon launch due to the hydrogen being unavailable at the launch site. The end-of-contract transition period may include a lighter delivery in the final weeks of the contract.

SAFETY AND SECURITY

All rules concerning safety, not smoking and the security of the property must be observed at all times.

Safety Data Sheets (SDS) must be provided by the Contractor to the MIC or ASA at each office, where the information will be kept on file in accordance with applicable guidelines of the OSHA Hazard

Communications Standard. Requirements pertaining to recordkeeping will be strictly followed, with copy(s) provided to MIC as necessary and upon request.

POINTS OF CONTACT

The Government contacts at the NWS office in Springfield, MO are:

Observation Program Leader –Tom Olsen Administrative Support Assistant –Nicole Newman Meteorologist In Charge – Kelsey Angle

INVOICING

The Contractor will invoice in arrears for deliveries and related surcharges. Cylinder rent will be invoiced monthly in arrears. The invoice must include the following items:

a. Name and address of the contractor, which must be the same as that on the Purchase Order

b. Invoice date and invoice number

c. Purchase Order number and associated line item number from the Purchase Order

PAGE 13 OF 41 1333MH22QNWWR0027

d. Description, quantity, unit of measure, unit price and extended price of supplies delivered, and date of delivery

e. Evidence of delivery by way of receipt signed by NWS representative at the time of delivery

f. Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice (a defective invoice is one that does not meet all the above requirements)

The invoices may be sent to the following address:

National Weather Service Attention: ASA 5805 West Highway EE Springfield, MO 65802

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(Reference 52.204-7)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(Reference 52.204-13)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

(Reference 52.204-16)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

(Reference 52.204-18)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) (Reference 52.212-1)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) (Reference 52.212-4)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

(Reference 52.232-18)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (NOV 2021) (Reference 52.232-40)

52.237-1 SITE VISIT (APR 1984)

(Reference 52.237-1)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) (Reference 52.237-2)

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

(Reference 52.247-34)

1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010) (Reference 1352.201-70)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

(Reference 1352.233-71)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision- Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings

PAGE 14 OF 41 1333MH22QNWWR0027

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

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

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

and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-- It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

or

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

or

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

(End Of Provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

(a) Definitions. As used in this clause-- Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

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Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in

FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended.

In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End Of Clause)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) 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--

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

(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;

"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;

(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)).

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"Service-disabled veteran-owned small business concern"

(1) Means a small business concern

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

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

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

"Small business concern"--

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

(1) 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.

(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--

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

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

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

"Subsidiary" means an entity in which more than 50 percent of the entity is owned

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

"Veteran-owned small business concern" means a small business concern

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

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

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

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

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

"Women-owned small business concern" means a small business concern?

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (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 will be performed in the United States or its outlying areas. Check all that apply.

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(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran-owned 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.

(4) Small disadvantaged business concern.