HSHQEH-16-Q-00023.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

OPO/FPS/EACCG/HQ/NC

Philadelphia PA 19106

701 Market Street, Suite 3200 Ofc of Procurement Operations - FPS U.S. Dept. of Homeland Security NPPD/FPS/East CCG/HQ-Natl Contracts

000000 CODE 16. ADMINISTERED BYCODE

X

X

X

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OROPO/FPS/EACCG/HQ/NC

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/12/2016 1000 ET

09/07/2016

215-521-2276Jessica Rodriguez (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

HSHQEH-16-Q-00023

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 3 192116PHQUODP0031OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Attn: Jessica Rodriguez

TELEPHONE NO.

17a. CONTRACTOR/

VARIOUS LOCATIONS

15. DELIVER TO

Philadelphia PA 19106 701 Market Street, Suite 3200 Office of Procurement Operations Federal Protective Service U.S. Dept. of Homeland Security

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

NPPD/FPS/East CCG/HQ-Natl Contracts

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This request for quotes (RFQ) is for the purchase of various uniform and equipment items in support of the motorcycle unit of the Federal Protective Service.

All proposals shall be made via e-mail to jessica.rodriguez@hq.dhs.gov. No later than Monday, September 12, 2016 at 10:00 am EST.

Contractors shall use this form (SF1449) as part of their pricing proposal. Contracts are required

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Todd M. Wanner

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

to complete blocks 17a, 30a, 30b, 30c and enter their firm fixed price in block 24 of the signature page.

Contractors are advised that, the Government may select more than one contractor for award of this effort based on the best price of each item.

DO/DPAS Rating: NONE

0001 DUAL PORTABLE WIRELESS TEMPERATURE CONTROLLER 22 EA

Product/Service Code: 8415

Product/Service Description: CLOTHING, SPECIAL

PURPOSE

0002 DUAL PORTABLE WIRELESS TEMPERATURE CONTROLLER 11 EA

LEATHER CASES

Product/Service Code: 8415

Product/Service Description: CLOTHING, SPECIAL

PURPOSE

0003 CALIFORNIA HEAT JACKET LINER 22 EA

Product/Service Code: 8415

Product/Service Description: CLOTHING, SPECIAL

PURPOSE

0004 EXPRO PANTS 22 EA

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

3 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSHQEH-16-Q-00023

Product/Service Code: 8415

Product/Service Description: CLOTHING, SPECIAL

PURPOSE

0005 CALIFORNIA HEAT GAUNLET GLOVE 22 EA

Product/Service Code: 8415

Product/Service Description: CLOTHING, SPECIAL

PURPOSE

0006 GERBING 12 VOLT SOCKS 22 EA

Product/Service Code: 8415

Product/Service Description: CLOTHING, SPECIAL

PURPOSE

0007 MOTOR BREECHES 33 EA

Product/Service Code: 8415

Product/Service Description: CLOTHING, SPECIAL

PURPOSE

0008 BALACLAVA 22 EA

Product/Service Code: 8415

Product/Service Description: CLOTHING, SPECIAL

PURPOSE

0009 WINTER BOOTS 22 EA

Product/Service Code: 8415

Product/Service Description: CLOTHING, SPECIAL

PURPOSE

contract specialist:

Jessica Rodriguez, 215.521.2276, Jessica.rodriguez@hq.dhs.gov

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

DEPARTMENT OF HOMELAND SECURITY (DHS)

NATIONAL PROTECTION AND PROGRAMS DIRECTORATE (NPPD)

FEDERAL PROTECTIVE SERVICE (FPS)

STATEMENT OF WORK (SOW)

Motor Officer Uniforms and Equipment

HSHQEH-16-Q-00023

1.0 GENERAL

1.1 BACKGROUND

The Federal Protective Service (FPS) is a federal law enforcement agency that provides integrated security and law enforcement services to over 9,000 federally owned and leased buildings, facilities, properties, and other assets. The Uniformed Operations Division (UOD), Uniformed Services Branch (USB) provides oversight and guidance to all personnel in areas pertaining to various FPS law enforcement programs.

1.2 OBJECTIVE

The objective of this effort is to procure motor officer uniforms and equipment for FPS’s Law Enforcement Officers (LEOs).

2.0 SPECIFIC REQUIREMENTS

The Contractor shall provide the following motor officer uniforms and equipment. The current motor officer uniforms sizes are provided in Attachment A.

2.1 DUAL WIRELESS TEMPERATURE CONTROLLER REQUIREMENTS

The Contractor shall provide 22 dual wireless temperature controllers that meet or exceed the following specifications:

2.1.1. Used to heat motorcycle clothing with an ability to control the jacket and pants independently.

2.1.2. Portable, wireless controller with the ability to control the heat of the jacket, gloves, pants, and socks.

2.1.3. Ability to connect to any heated clothing brand that uses a standard 12 volt connection.

2.1.4. Operates safely in all weather conditions.

2.1.5. Shall not interfere with the motorcycle’s Original Equipment Manufactured (OEM) or aftermarket electrical system.

2.2. DUAL WIRELESS TEMPERATURE CONTROLLER LEATHER CASE

REQUIREMENTS

The Contractor shall provide 11 dual wireless temperature controller leather cases that meet or exceed the following specifications:

2.2.1. Black leather case sized to fit the dual wireless temperature controller.

2.2.2. Ability to clip-on to belt, pockets, or waist band

2.3. HEATED JACKET LINER REQUIREMENTS

The Contractor shall provide 22 heated jacket liners (2) small; (2) medium; (12) large;

and, (6) x-large that meet or exceed the following specifications:

2.3.1. Light weight, black jacket liner designed to be worn under outer garments.

Constructed from waterproof, windproof, and breathable fabric with thermal insulation.

2.3.2. 77 watts at 12 volts, maximum heat 135°F.

2.3.3. Heating pads in chest, back, collar and sleeves.

2.3.4. Inside and outside pockets.

2.3.5. Pockets to secure glove and pants plug when not in use.

2.3.6. Snug, comfortable fit

2.3.7. Compatible with most heated clothing.

2.3.8. Heated glove connections in the sleeves.

2.3.9. Plugs installed to connect heated pant liners, socks or insoles.

2.3.10. Includes battery harness and fuses.

2.3.11. Moisture wicking collar.

2.4. HEATED PANTS REQUIREMENTS

The Contractor shall provide 22 pairs of heated pants (2) medium; (14) large; and, (6) x-large that meets or exceeds the following specifications:

2.4.1. Brand name or equal to Gyde by Gerbing Ex Pro Pants.

2.4.2. Black, breathable, waterproof pant made of textured nylon or polyester cloth with ripstop material in all impact areas.

2.4.3. Removable insulated liner with heating zones covering the legs and hips.

2.4.4. CE approved (European Conformity) armor impact protection for the back and at the knees in height adjustable pockets.

2.4.5. 12 volts

2.4.6. Heavy duty panels on knees.

2.4.7. Leather grip panels on the inside of lower leg.

2.4.8. Heavy duty zipper for jacket / pants connection.

2.4.9. Includes pre-wired sock connections.

2.4.10. Adjustable waist and ankles.

2.4.11. Includes battery harness and fuse set.

2.5. HEATED GAUNTLET GLOVES REQUIREMENTS

The Contractor shall provide 22 pairs - (10) medium; (10) large; and, (2) x-large of heated gauntlet gloves that meet or exceed the following specifications:

2.5.1. Black, leather material with adjustable wrist enclosure.

2.5.2. Waterproof, windproof, and breathable liner

2.5.3. Full finger gloves with gauntlet protection and knuckle and finger protection.

2.5.4. Each glove produces a minimum 27 watts at 12 volts.

2.5.5. No feeling of the heating wire.

2.5.6 Stitching in palm to prevent moving of insulation.

2.6. HEATED SOCKS REQUIREMENTS

The Contractor shall provide 22 pairs of heated socks (4) size 8.5; (8) size 9.5; (4) size 10; (2) size 10.5; (2) size 11; and (2) size 11.5 that meet or exceed the following specifications:

2.6.1. Black socks constructed of stretchable, hand washable, wicking fabric.

2.6.2. Heat is on the bottom of the sock and on the top of the toes.

2.6.3. Plugs into the heated pants.

2.6.4. Each sock produces a minimum 17 watts at 12 volts.

2.6.5. No feeling of the heating wire.

2.6.6. Black elastic top band

2.7. MOTOR BREECHES REQUIREMENTS

The Contractor shall provide 33 pairs of motor breeches (3) size 30/27; (3) size 32/27;

(12) size 36/27; (3) size 38/27; (3) size 36/32; (3) 34/32; and (3) 37/29 that meet or exceed the following specifications:

2.7.1. Designed for motor officers and engineered to reduce risk of injury.

2.7.2. Breeches should be dark navy in color and made with no less than 16.5 oz. of stretch lycra and polyester fabric.

2.7.3. The fabric should be chemically treated for stains and water resistance

2.7.4. Can accommodate 2.25" wide Sam Browne gun belt, two front pockets, two rear pockets with flaps, and two lower rear pockets that can accommodate a Billy club and flashlight.

2.7.5. Self-adjusting waist band and hook and loop ankle closure.

2.7.6. Double material sewn into the seat and knee areas for protection.

2.7.7. Machine washable.

2.8. BALACLAVA REQUIREMENTS

The Contractor shall provide 22 balaclavas that meet or exceed the following specifications:

2.8.1. Black, form-fitting balaclava that offers full facial protection and neck coverage.

2.8.2. Designed to fit under a motorcycle helmet.

2.8.3. Covers mouth and nose without steaming up glasses.

2.8.4. Can be worn with the chin dropped or as a neck gaiter for greater ventilation.

2.8.5. Constructed of anti-odor and moisture wicking fabric.

2.8.6. Fabric shall be stretchable, thin, lightweight, and breathable

2.9. BOOTS REQUIREMENTS

The Contractor shall provide 22 pairs of boots (4) size 8.5; (8) size 9.5; (4) size 10; (2) size 10.5; (2) size 11; and, (2) size 11.5 that meet or exceed the following specifications:

2.9.1. Insulated to withstand temperatures of at least 14°F/-10°C.

2.9.2. Tall winter riding boot that stops just below the knee.

. 2.9.3. Waterproof.

2.9.4. Includes a heavy duty rear zipper and removable insole.

2.9.5. Heel should be fitted with a shock-absorbing system to cushion the foot and reduce the impact of walking.

2.9.6. Constructed with a built-in steel shank for improved stability while riding and walking.

2.9.7. Black in color.

3.0 GOVERNMENT ACCEPTANCE PERIOD

3.1. The Contracting Officer’s Representative (COR) or Technical Point of Contact (TPOC) will review deliverables prior to acceptance and provide the Contractor with an e-mail that provides documented reasons for non-acceptance.

3.2. If the deliverable is acceptable, the COR will send an e-mail to the Contractor notifying it that the deliverable has been accepted.

3.3. The COR or TPOC will have the right to reject or require correction of any deficiencies found in the deliverables that are contrary to the information contained in the Contractor’s accepted proposal.

3.4. In the event of a rejected deliverable, the Contractor will be notified in writing by the Contracting Officer (CO) of the specific reasons for rejection.

3.5. At no additional cost to the Government, the Contractor shall have an opportunity to correct the rejected deliverable and return it per delivery instructions.

4.0 OTHER APPLICABLE CONDITIONS

4.1 PROGRAM ORGANIZATION

This program is under the technical direction of the COR or TPOC assigned to the USB, UOD, FPS, NPPD, DHS.

4.2 GOVERNMENT MANAGEMENT ORGANIZATION

FPS management of this project will be accomplished through the USB at FPS Headquarters.

FPS will coordinate with the contractor to ensure successful FPS pickup of materials. Critical issues will be expeditiously (within 24 hours of submission by FPS) handled via direct interaction of both parties including the contractor support and FPS employees either through conference calls, at a local FPS facility in the Washington, DC area.

4.3 CONTRACTOR MANAGEMENT ORGANIZATION

The Contractor shall provide direct support and assistance to the FPS Contracting Officer (CO), Contracting Officer’s Representative (COR), and/or Program Manager (PM) in the development of delivery schedule required to keep FPS USB management informed on the status of the materials.

4.4 CONTRACTOR LIABILITY

In the event that the Contractor damages any equipment under this effort due to negligence of any type, the Contractor will be responsible for the replacement cost.

4.5 PERIOD OF PERFORMANCE

This effort is a one-time purchase.

4.6 WARRANTY

4.6.1. All equipment shall be free from defects in material and workmanship for a minimum of one (1) year from the date of delivery and acceptance by the Government unless a longer warranty period is provided by the equipment warranty or by law, in which the longer warranty period applies. The Contractor shall repair or replace any defective equipment covered under warranty with no additional costs to the Government. Any replacement products shall be of equal or better functionality to that of the product being replaced.

4.6.2. All motor officer uniforms shall be free from defects in material and workmanship under normal use or service. Excessive shrinkage after manufacturer’s suggested washing instructions will be considered a manufacturer’s defect. Warranties for Commercial off the Shelf (COTS) items will be established by the manufacturer. The contractor shall repair or replace any defective (not including normal wear and tear) merchandise covered under warranty at its expense. Any replacement products shall be of equal or better functionality to that of the product being replaced.

4.7 DELIVERY SCHEDULE

4.7.1. All motor officer uniforms and equipment shall be delivered within 45 business days after award and/placing the order.

4.7.2. The motor officer uniforms and equipment shall be delivered to a FPS location in the Washington, DC area. Address information will be provided after contract award. :

4.7.3. FPS reserves the right to request delivery to other facilities outside the aforementioned site as deemed necessary.

4.7.4. FPS reserves the right to alter the schedule and quantities shipped, as FPS mission requirements may change. Initial shipment quantities may change but will require written direction from the FPS CO to do so.

Additional Terms and Conditions

ATTACHMENT 1

ADDITIONAL TERMS AND CONDITIONS

(1) Questions regarding this RFQ shall be submitted via email to Jessica Rodriguez at jessica.rodriguez@hq.dhs.gov

(2) Prior to the closing of the RFQ contractors shall go to www.sam.gov and make sure your company is active in System for Awards Management, and that the company’s Reps and Certs are up-to-date.

(3) Quotes submitted for this effort shall be valid for a minimum of 60 days after the closing of the RFQ, unless requested to further extend it by the Contracting Officer.

(4) All uniforms and equipment shall be delivered with 45 business days after the date of award.

(5) Shipping must be free on board (FOB) destination CONUS (Continental U.S.), which means that the seller must deliver the goods on its conveyance at the destination specified by the buyer, and the seller is responsible for the cost of shipping and risk of loss prior to actual delivery at the specified destination.

(6) New Equipment ONLY; NO remanufactured or "gray market" items. All items must be covered by the manufacturer's warranty.

1. GENERAL EVALUATION CRITERIA

Any quote received at after the exact time for receipt of quotes specified above will be deemed “late” and will be considered only in accordance with the provisions set forth under FAR 52.212-1, Instructions to Offerors – Commercial Items, paragraph (f).

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS

Offerors understand that bids will be ranked by price; however, pursuant to applicable acquisition regulations and/or departmental guidelines, Buyers may use criteria other than price to evaluate offers. Accordingly, please note that, award will be made to the responsible Seller whose offer conforming to the solicitation will be most advantageous to the Government on the basis of price, technical capability, delivery, and past performance.

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

mailto:jessica.rodriguez@hq.dhs.gov http://www.sam.gov/

The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government.

Offerors lacking relevant past performance history will not be evaluated favorably or unfavorably on past performance. The Government will consider the quality of an offeror’s past performance. This consideration is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the offeror’s relevant past performance will be used as a means of evaluating the relative capability of the offeror and other competitors to successfully meet the requirements of the RFQ. In determining the rating for the past performance evaluation factor, the Government will give greater consideration to the contracts which the Government feels are most relevant to the RFQ.

The Government reserves the right to award the contract to other than the lowest priced offeror.

RFQ Submission Requirements

Technical Quote (Non-price factors) –

As part of its technical proposal the contractor is required to provide the following:

1. A picture of the item or a link to the item on the contractors or manufactures online store or catalog

2. Specification sheet listing:

a. Manufacturer's name

b. Manufactures item number

c. Retail Product number

d. Retail Product name

e. Dimensions

Price Quote

The government shall conduct a price evaluation of all technically acceptable offers with satisfactory past performance including any option prices.

Rejection of Unrealistic Offers:

The Government may reject any proposal that is evaluated to be unrealistic in terms of program commitments, including contract terms and conditions, or unrealistically high or low in cost/price when compared to Government estimates, or are unbalanced, such that the proposal is deemed to reflect an inherent lack of competence or failure to comprehend the complexity and risks of the program.

The Contractor’s price shall be inclusive of all the Contractor’s direct costs, indirect costs and profit and shall include all costs associated with providing the services described in the Statement of Work, and the Contractor’s technical quote.

Prices will be evaluated to ensure that they are fair and reasonable for performance of the requirements established in the RFQ and as quoted in the technical submission. The Contractor is cautioned that its quote may be rejected if it is found to be materially unbalanced. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more items is significantly overstated or understated.

The Government shall not be responsible for compensating the Contractor for any costs tied to solicitation requirements but not factored into the quotes prices, either by the Contractor’s intention or by mistake.

Basis for Selection

The Government will select the responsible Contractor whose quote, in conforming to this RFQ, provides the overall best value to meet the Government’s requirements, price and non-price factors considered. Only apparent successful contractors determined to be responsible pursuant to FAR 9.104-1 will be issued a contract.

Terms and Conditions

CLAUSES INCORPORATED BY REFERENCE

FAR 52.204-2 Security Requirements (Aug 1996) FAR 52.204-7 System for Award Management (Jul 2013) FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) FAR 52.212-4 Contract Terms and Conditions -- Commercial Items (May 2015) FAR 52.228-5 Insurance -- Work on a Government Installation (Jan 1997) FAR 52.242-15 Stop-Work Order (Aug 1989) HSAR 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work

(Dec 2003) HSAR 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility (Dec 2003)

CLAUSES INCORPORATED BY FULL TEXT

FAR 52.252-2 -- CLAUSES INCORPORATED BY REFERENCE. (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/; http://www.dhs.gov/xopnbiz/regulations/

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS:

COMMERCIAL ITEMS

SUBMISSION OF INVOICES:

1. In accordance with Contract Administration Data, invoices shall now be submitted via one of the following three methods:

a. By Mail http://www.acquisition.gov/far/ http://www.dhs.gov/xopnbiz/regulations/

DHS-NPPD-FPS-Region 3 Burlington Finance Center P.O. Box 1279 Williston, VT 05495-1279

b. By facsimile (fax): (include a cover sheet with point of contact & # of pages):

802-288-7658

c. By e-mail: NPPDInvoice.Consolidation@ice.dhs.gov

Invoices submitted by other than these three methods will be returned. The contractor’s Taxpayer Identification Number (TIN) must be registered in the Central Contractor Registration (http://www.ccr.gov) prior to award and shall be notated on every invoice submitted to FPS to ensure prompt payment provisions are met. The FPS Region number (3) shall also be notated on every invoice. To assist in timely payment, it is also recommended that the contractor provide the Requisition Number on the submitted invoice

2. In accordance with Section I, Contract Clauses, FAR 52.212-4 (g)(1), Contract Terms and

Conditions – Commercial Items, or FAR 52.232-25 (a)(3), Prompt Payment, as applicable, the information required with each invoice submission is as follows:

o Invoice must include Name and address of the Contractor;

Invoice date and number;

Contract number, contract line item number and, if applicable, the order number;

Description, quantity, unit of measure, unit price and extended price of the items delivered;

Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

Terms of any discount for prompt payment offered;

Name and address of official to whom payment is to be sent;

Name, title, and phone number of person to notify in event of defective invoice; and Taxpayer Identification Number (TIN). The Contractor shall include its

TIN on the invoice only if required elsewhere in this contract. (See paragraph 1 above.)

Electronic funds transfer (EFT) banking information.

a. The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

b. If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or

c. EFT banking information is not required if the Government waived the requirement to pay by EFT.

Invoices without the above information may be returned for resubmission.

mailto:NPPDInvoice.Consolidation@ice.dhs.gov

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Mar 2015)

(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 items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 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 items:

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

___ (3) 52.203-15, 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).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111- 117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C.

6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

_X__ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section

740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

_X__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C.

644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C.

637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2014) of 52.219-9.

_X__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (Nov 2011) (15 U.S.C. 657f).

_X__ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women- Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

_X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

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

___ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (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.)

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

_X__ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

_X__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

_X__ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) 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 items:

___ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

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

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (4) 52.222-44, 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) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-- Requirements (May 2014) (41 U.S.C. chapter 67).

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

___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

___ (10) 52.222-55, Minimum Wages Under Executive Order 13658 Dec 2014)(Executive Order 13658).

(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, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(viii) 52.222-40, 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.

(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(x) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).

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

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

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

(xvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order 13658).

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

(End of Clause)

HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS

ACQUISITION OF COMMERCIAL ITEMS (SEP 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

(a) Provisions - None

(b) Clauses.

_X _ 3052.204-71 Contractor Employee Access.

_X _ 3052.228-70 Insurance.

_X _ 3052.242-72 Contracting Officer’s Technical Representative.

SOLICITATION PROVISIONS

FAR 52.212-2 Evaluation – Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation, is the lowest priced, technically acceptable offer.

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

52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Mar 2015)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

(a) Definitions. As used in this provision--http://www.acquisition.gov/

“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.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“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.

“Women-owned 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 the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“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

(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,…