N4008424R2005_RFP.pdf
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- Solicitation number
- N4008424R2005
About this file
This request for proposal solicits fixed-price high pressure vessel inspector services for Marine Corps Base Camp Smedley D. Butler in Okinawa, Japan and other locations. The Navy seeks recurring and non-recurring inspection services for a one-year base period starting in March 2024 with four one-year option periods. Inspectors must meet credential requirements and adhere to safety standards. The solicitation requires pricing in Japanese yen only and identifies evaluation factors such as corporate experience, credentials, safety, and past performance. Offerors must address set-aside preferences, women-owned small business eligibility, and follow domestic end product and trade agreement terms. The closing date is January 2024 with award by February 2024.
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Other files
| File | Type | Posted |
|---|---|---|
| N4008424R2005_Amend0002.pdf | ||
| N4008424R2005_Amend0001.pdf | ||
| Attach_10_For Contractors - NIST SP 800-171 and SPRS.pdf | ||
| Attach_08_PIEE_Solicitation_Module_Guide.pdf | ||
| Attach_05_Past Performance Questionnaire.docx | DOCX document | |
| Attach_04_Corporate Experience Data Sheet.docx | DOCX document | |
| Attach_12_UFC_3_430_07.pdf | ||
| Attach_06_Safety_Plan_Sheet.docx | DOCX document | |
| Attach_02_24R2005_HP Vessel Inspect Services FAP.pdf | ||
| Attach_01_24R2005_HP Vessel Inspect Services_PWS_8JUL21_FINAL.pdf | ||
| Attach_07_Pre Proposal Inquiry Form.xlsx | XLSX spreadsheet | |
| Attach_09_Before_Starting_Business_with_NAVFAC_2023.pdf | ||
| Attach_03_J-0200000-08 ELINs.xlsx | XLSX spreadsheet | |
| Attach_11_W-14.pdf |
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SEE ADDENDUM
(No Collect Calls)
N4008424R2005 18-Dec-2023
b. TELEPHONE NUMBER
645-4271
8. OFFER DUE DATE/LOCAL TIME
10:00 AM 24 Jan 2024
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
N400849. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
CHIZURU AKAMINE
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ACQR5953963
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
NAVFAC FAR EAST
FEAD CAMP BUTLER
UNIT 35002
FPO AP 96373-5002
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS AX
13b. RATING
DO-C2
CODE15. DELIVER TO CODE M20233 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
AC/S FAC ENG FMO UNIT
WORK MANAGEMENT UNIT
MCB CAMP SD BUTLER
UNIT 35006
FPO AP 96373-5006
TEL: 645-3798 FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$47,000,000
NAICS:
561210
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF87
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
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
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
N4008424R2005
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Each
BASE PERIOD - RECURRING
FFP
HIGH PRESSURE VESSEL INSPECTOR SERVICES at Marine Corps Base Camp Smedley D. Butler, Okinawa, Japan and other installations on and off Okinawa
PLANNED BASE PERIOD: 01 MARCH 2024 ~ 28 FEBRUARY 2025
The contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services in accordance with the Performance Work Statement, the terms and conditions of contract including all its attachments.
The price for this Contract Line Item Number (CLIN) is the total of all line items being awarded for the BASE Recurring Work Items, ELIN A0001 - i.e. See Attachment J-0200000-08 ELIN Schedule.
Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. At the discretion of the Contracting Officer, price proposals not priced in Japanese yen may be deemed non-responsive, and will not be eligible for award.
FOB: Destination
PURCHASE REQUEST NUMBER: ACQR5953963
SIGNAL CODE: A
PSC CD: H945
NET AMT
0002 Each
BASE PERIOD - NON-RECURRING
FFP
HIGH PRESSURE VESSEL INSPECTOR SERVICES at Marine Corps Base Camp Smedley D. Butler, Okinawa, Japan and other installations on and off Okinawa
PLANNED BASE PERIOD: 01 MARCH 2024 ~ 28 FEBRUARY 2025
The contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services in accordance with the Performance Work Statement, the terms and conditions of contract including all its attachments.
The price for this Contract Line Item Number (CLIN) is the total of all line items being awarded for the BASE Non-Recurring Work Items, ELIN A700 - A701 - i.e.
See Attachment J-0200000-08 ELIN Schedule.
Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. At the discretion of the Contracting Officer, price proposals not priced in Japanese yen may be deemed non-responsive, and will not be eligible for award.
FOB: Destination
PURCHASE REQUEST NUMBER: ACQR5953963
0003 Each
OPTION 1ST OPTION PERIOD - RECURRING
FFP
HIGH PRESSURE VESSEL INSPECTOR SERVICES at Marine Corps Base Camp Smedley D. Butler, Okinawa, Japan and other installations on and off Okinawa
PLANNED 1ST OPTION PERIOD: 01 MARCH 2025 ~ 28 FEBRUARY 2026
The contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services in accordance with the Performance Work Statement, the terms and conditions of contract including all its attachments.
The price for this Contract Line Item Number (CLIN) is the total of all line items being awarded for the 1st OPTION Recurring Work Items, ELIN B0001 - i.e. See Attachment J-0200000-08 ELIN Schedule.
Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. At the discretion of the Contracting Officer, price proposals not priced in Japanese yen may be deemed non-responsive, and will not be eligible for award.
FOB: Destination
PURCHASE REQUEST NUMBER: ACQR5953963
0004 Each
OPTION 1ST OPTION PERIOD - NON-RECURRING
FFP
HIGH PRESSURE VESSEL INSPECTOR SERVICES at Marine Corps Base Camp Smedley D. Butler, Okinawa, Japan and other installations on and off Okinawa
PLANNED 1ST OPTION PERIOD: 01 MARCH 2025 ~ 28 FEBRUARY 2026
The contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services in accordance with the Performance Work Statement, the terms and conditions of contract including all its attachments.
The price for this Contract Line Item Number (CLIN) is the total of all line items being awarded for the 1st OPTION Non-Recurring Work Items, ELIN B700 - B701 - i.e. See Attachment J-0200000-08 ELIN Schedule.
Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. At the discretion of the Contracting Officer, price proposals not priced in Japanese yen may be deemed non-responsive, and will not be eligible for award.
FOB: Destination
PURCHASE REQUEST NUMBER: ACQR5953963
0005 Each
OPTION 2ND OPTION PERIOD - RECURRING
FFP
HIGH PRESSURE VESSEL INSPECTOR SERVICES at Marine Corps Base Camp Smedley D. Butler, Okinawa, Japan and other installations on and off Okinawa
PLANNED 2ND OPTION PERIOD: 01 MARCH 2026 ~ 28 FEBRUARY 2027
The contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services in accordance with the Performance Work Statement, the terms and conditions of contract including all its attachments.
The price for this Contract Line Item Number (CLIN) is the total of all line items being awarded for the 2nd OPTION Recurring Work Items, ELIN C0001 - i.e. See Attachment J-0200000-08 ELIN Schedule.
Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. At the discretion of the Contracting Officer, price proposals not priced in Japanese yen may be deemed non-responsive, and will not be eligible for award.
FOB: Destination
PURCHASE REQUEST NUMBER: ACQR5953963
0006 Each
OPTION 2ND OPTION PERIOD - NON-RECURRING
FFP
HIGH PRESSURE VESSEL INSPECTOR SERVICES at Marine Corps Base Camp Smedley D. Butler, Okinawa, Japan and other installations on and off Okinawa
PLANNED 2ND OPTION PERIOD: 01 MARCH 2026 ~ 28 FEBRUARY 2027
The contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services in accordance with the Performance Work Statement, the terms and conditions of contract including all its attachments.
The price for this Contract Line Item Number (CLIN) is the total of all line items being awarded for the 2nd OPTION Non-Recurring Work Items, ELIN C700 - C701 - i.e. See Attachment J-0200000-08 ELIN Schedule.
Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. At the discretion of the Contracting Officer, price proposals not priced in Japanese yen may be deemed non-responsive, and will not be eligible for award.
FOB: Destination
PURCHASE REQUEST NUMBER: ACQR5953963
0007 Each
OPTION 3RD OPTION PERIOD - RECURRING
FFP
HIGH PRESSURE VESSEL INSPECTOR SERVICES at Marine Corps Base Camp Smedley D. Butler, Okinawa, Japan and other installations on and off Okinawa
PLANNED 3RD OPTION PERIOD: 01 MARCH 2027 ~ 29 FEBRUARY 2028
The contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services in accordance with the Performance Work Statement, the terms and conditions of contract including all its attachments.
The price for this Contract Line Item Number (CLIN) is the total of all line items being awarded for the 3rd OPTION Recurring Work Items, ELIN D0001 - i.e. See Attachment J-0200000-08 ELIN Schedule.
Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. At the discretion of the Contracting Officer, price proposals not priced in Japanese yen may be deemed non-responsive, and will not be eligible for award.
FOB: Destination
PURCHASE REQUEST NUMBER: ACQR5953963
0008 Each
OPTION 3RD OPTION PERIOD - NON-RECURRING
FFP
HIGH PRESSURE VESSEL INSPECTOR SERVICES at Marine Corps Base Camp Smedley D. Butler, Okinawa, Japan and other installations on and off Okinawa
PLANNED 3RD OPTION PERIOD: 01 MARCH 2027 ~ 29 FEBRUARY 2028
The contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services in accordance with the Performance Work Statement, the terms and conditions of contract including all its attachments.
The price for this Contract Line Item Number (CLIN) is the total of all line items being awarded for the 3rd OPTION Non-Recurring Work Items, ELIN D700 - D701 - i.e. See Attachment J-0200000-08 ELIN Schedule.
Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. At the discretion of the Contracting Officer, price proposals not priced in Japanese yen may be deemed non-responsive, and will not be eligible for award.
FOB: Destination
PURCHASE REQUEST NUMBER: ACQR5953963
0009 Each
OPTION 4TH OPTION PERIOD - RECURRING
FFP
HIGH PRESSURE VESSEL INSPECTOR SERVICES at Marine Corps Base Camp Smedley D. Butler, Okinawa, Japan and other installations on and off Okinawa
PLANNED 4TH OPTION PERIOD: 01 MARCH 2028 ~ 28 FEBRUARY 2029
The contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services in accordance with the Performance Work Statement, the terms and conditions of contract including all its attachments.
The price for this Contract Line Item Number (CLIN) is the total of all line items being awarded for the 4th OPTION Recurring Work Items, ELIN E0001 - i.e. See Attachment J-0200000-08 ELIN Schedule.
Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. At the discretion of the Contracting Officer, price proposals not priced in Japanese yen may be deemed non-responsive, and will not be eligible for award.
FOB: Destination
PURCHASE REQUEST NUMBER: ACQR5953963
0010 Each
OPTION 4TH OPTION PERIOD - NON-RECURRING
FFP
HIGH PRESSURE VESSEL INSPECTOR SERVICES at Marine Corps Base Camp Smedley D. Butler, Okinawa, Japan and other installations on and off Okinawa
PLANNED 4TH OPTION PERIOD: 01 MARCH 2028 ~ 28 FEBRUARY 2029
The contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services in accordance with the Performance Work Statement, the terms and conditions of contract including all its attachments.
The price for this Contract Line Item Number (CLIN) is the total of all line items being awarded for the 4th OPTION Non-Recurring Work Items, ELIN E700 - E701 - i.e. See Attachment J-0200000-08 ELIN Schedule.
Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. At the discretion of the Contracting Officer, price proposals not priced in Japanese yen may be deemed non-responsive, and will not be eligible for award.
FOB: Destination
PURCHASE REQUEST NUMBER: ACQR5953963
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government
0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-MAR-2024 TO
28-FEB-2025
N/A AC/S FAC ENG FMO UNIT
WORK MANAGEMENT UNIT
MCB CAMP SD BUTLER
UNIT 35006
FPO AP 96373-5006
645-3798 FOB: Destination
M20233
0002 POP 01-MAR-2024 TO
28-FEB-2025
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 01-MAR-2025 TO
28-FEB-2026
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 01-MAR-2025 TO
28-FEB-2026
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 01-MAR-2026 TO
28-FEB-2027
N/A (SAME AS PREVIOUS LOCATION)
0006 POP 01-MAR-2026 TO
28-FEB-2027
N/A (SAME AS PREVIOUS LOCATION)
0007 POP 01-MAR-2027 TO
29-FEB-2028
N/A (SAME AS PREVIOUS LOCATION)
0008 POP 01-MAR-2027 TO
29-FEB-2028
N/A (SAME AS PREVIOUS LOCATION)
0009 POP 01-MAR-2028 TO
28-FEB-2029
N/A (SAME AS PREVIOUS LOCATION)
0010 POP 01-MAR-2028 TO
28-FEB-2029
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-6 Unique Entity Identifier OCT 2016 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-21 Basic Safeguarding of Covered Contractor Information Systems
NOV 2021
52.204-22 Alternative Line Item Proposal JAN 2017 52.209-12 Certification Regarding Tax Matters OCT 2020 52.212-1 Instructions to Offerors--Commercial Products and
Commercial Services
MAR 2023
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
DEC 2022
52.215-1 Instructions to Offerors--Competitive Acquisition NOV 2021 52.217-5 Evaluation Of Options JUL 1990 52.222-56 Certification Regarding Trafficking in Persons Compliance
Plan.
OCT 2020
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.223-6 Drug-Free Workplace MAY 2001 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-18 Availability Of Funds APR 1984 52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984 52.232-37 Multiple Payment Arrangements MAY 1999 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.237-3 Continuity Of Services JAN 1991 52.241-11 Multiple Service Locations FEB 1995 52.242-13 Bankruptcy JUL 1995 52.244-6 Subcontracts for Commercial Products and Commercial
Services
JUN 2023
52.247-6 Financial Statement APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7005 Representation Relating to Compensation of Former DoD Officials
SEP 2022
252.204-7000 Disclosure Of Information OCT 2016 252.204-7002 Payment For Contract Line or Subline Items Not Separately
Priced
APR 2020
252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
JAN 2023
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 252.215-7008 Only One Offer DEC 2022 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7041 Correspondence in English JUN 1997 252.225-7042 Authorization to Perform APR 2003 252.225-7050 Disclosure of Ownership or Control by the Government of a
Country that is a State Sponsor of Terrorism
DEC 2022
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime
JAN 2023
252.229-7001 Tax Relief APR 2020 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7007 Limitation Of Government's Obligation APR 2014 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
JAN 2023
CLAUSES INCORPORATED BY FULL TEXT
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 561210.
(2) The small business size standard is $47,000,000.
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.)
This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $50,000, the basic provision applies.
(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.
(C) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
X (i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. 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.
FAR Clause Title Date Change
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 on SAM.
(End of provision)
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 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
(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.
(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."
(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--
(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.
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) 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”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] 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.
(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 any equipment, system, or service that uses covered telecommunications equipment or services.
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
This is a Lowest Price Technically Acceptable Offer (LPTA) RFP for HIGH PRESSURE VESSEL INSPECTOR SERVICES at Marine Corps Base Camp Smedley D. Butler, Okinawa, Japan and other installations on and off Okinawa
The Government will evaluate the offers in accordance with the criteria described herein, and award a Firm Fixed Price (FF), Indefinite-Delivery Indefinite-Quantity (IDIQ) contract for a recurring and non-recurrring commercial items contract to the responsible Offeror, whose propsal conforms to all the terms and conditions of the RFP and is technically acceptable with the lowest evaluated price. The RFP shall specify that award will be made on the basis of the lowest evaluated price of proposal meeting or exceeding the acceptability standards for non-cost factors.
The following factors shall be used to evaluate offers:
Factor 1 – Corporate Experience Factor 2 – Credential Requirements Factor 3 – Safety Factor 4 – Past Performance
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) 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 PRODUCTS AND
COMMERCIAL SERVICES (DEC 2022)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision --
"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Manufact…
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