N408425B6300.pdf

SEE ADDENDUM

(No Collect Calls)

N4008425B6300

b. TELEPHONE NUMBER

0956-50-2502

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 30 Jan 2025

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

12-Nov-2024

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 X 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

KEIKO UJIIE

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

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

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

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 SASEBO

PSC 476 BOX 66

FPO AP 96322-1160

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N40084 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVFAC FAR EAST

INSPECTOR OF RECORD

FEAD SASEBO

PSC 476 BOX 66

FPO AP 96322-1160

TEL: FAX: (315) 252-3769

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$47,000,000

NAICS:

561210

X

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 OF70

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.

N4008425B6300

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Task

Base Period - Recurring Work

FFP

INSPECTION, TESTING, AND MAINTENANCE SERVICES FOR EXHAUST

HOODS AND DUCTS, GREASE TRAPS, FIRE SUPPRESSION SYSTEMS,

AND HOOD WASHING SYSTEMS (HOODS & DUCTS) AT U.S. FLEET

ACTIVITIES, SASEBO (CFAS), JAPAN

The price for this Contract Line Item Number (CLIN) is made up of all line items being awarded for the Base Period (Recurring), and are identified in the Exhibit Line Item Numbers (ELIN) List.

BIDS SHALL BE PRICED ONLY IN JAPANESE YEN. BIDS NOT PRICED IN

JAPANESE YEN WILL BE CONSIDERED NON-RESPONSIVE AND WILL

NOT BE ELIGIBLE FOR AWARD.

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 Japanese Yen.

FOB: Destination

PSC CD: Z1FD

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Task Base Period - Non-Recurring Work

FFP

HOODS & DUCTS AT CFAS JAPAN

The price for this CLIN is made up of all line items being awarded for the Base Period (Non-Recurring), and are identified in the ELIN List.

BIDS SHALL BE PRICED ONLY IN JAPANESE YEN. BIDS NOT PRICED

IN JAPANESE YEN WILL BE CONSIDERED NON-RESPONSIVE AND

WILL NOT BE ELIGIBLE FOR AWARD.

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.

FOB: Destination

MAX

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 1 Task OPTION First Option Period - Recurring Work

FFP

HOODS & DUCTS AT CFAS JAPAN

The price for this CLIN is made up of all line items being awarded for the First Option Period (Recurring), and are identified in the ELIN List.

BIDS SHALL BE PRICED ONLY IN JAPANESE YEN. BIDS NOT PRICED IN

JAPANESE YEN WILL BE CONSIDERED NON-RESPONSIVE AND WILL

NOT BE ELIGIBLE FOR AWARD.

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 Japanese Yen.

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED Task OPTION First Option Period - Non-Recurring Work

FFP

HOODS & DUCTS AT CFAS JAPAN

The price for this CLIN is made up of all line items being awarded for the First Option Period (Non-Recurring), and are identified in the ELIN List.

BIDS SHALL BE PRICED ONLY IN JAPANESE YEN. BIDS NOT PRICED

IN JAPANESE YEN WILL BE CONSIDERED NON-RESPONSIVE AND

WILL NOT BE ELIGIBLE FOR AWARD.

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 Japanese Yen.

0005 1 Task OPTION Second Option Period - Recurring Work

FFP

HOODS & DUCTS AT CFAS JAPAN

The price for this CLIN is made up of all line items being awarded for the Second Option Period (Recurring), and are identified in the ELIN List.

BIDS SHALL BE PRICED ONLY IN JAPANESE YEN. BIDS NOT PRICED IN

JAPANESE YEN WILL BE CONSIDERED NON-RESPONSIVE AND WILL

NOT BE ELIGIBLE FOR AWARD.

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 Japanese Yen.

UNIT UNIT PRICE MAX AMOUNT

0006 UNDEFINED Task OPTION Second Option Period-Non-Recurring Work

FFP

HOODS & DUCTS AT CFAS JAPAN

The price for this CLIN is made up of all line items being awarded for the Second Option Period (Non-Recurring), and are identified in the ELIN List.

BIDS SHALL BE PRICED ONLY IN JAPANESE YEN. BIDS NOT PRICED

IN JAPANESE YEN WILL BE CONSIDERED NON-RESPONSIVE AND

WILL NOT BE ELIGIBLE FOR AWARD.

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 Japanese Yen.

0007 1 Task OPTION Third Option Period - Recurring Work

FFP

HOODS & DUCTS AT CFAS JAPAN

The price for this CLIN is made up of all line items being awarded for the Third Option Period (Recurring), and are identified in the ELIN List.

BIDS SHALL BE PRICED ONLY IN JAPANESE YEN. BIDS NOT PRICED IN

JAPANESE YEN WILL BE CONSIDERED NON-RESPONSIVE AND WILL

NOT BE ELIGIBLE FOR AWARD.

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 Japanese Yen.

UNIT UNIT PRICE MAX AMOUNT

0008 UNDEFINED Task OPTION Third Option Period - Non-Recurring Work

FFP

HOODS & DUCTS AT CFAS JAPAN

The price for this CLIN is made up of all line items being awarded for the Third Option Period (Non-Recurring), and are identified in the ELIN List.

BIDS SHALL BE PRICED ONLY IN JAPANESE YEN. BIDS NOT PRICED

IN JAPANESE YEN WILL BE CONSIDERED NON-RESPONSIVE AND

WILL NOT BE ELIGIBLE FOR AWARD.

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 Japanese Yen.

0009 1 Task OPTION Fourth Option Period - Recurring Work

FFP

HOODS & DUCTS AT CFAS JAPAN

The price for this CLIN is made up of all line items being awarded for the Fourth Option Period (Recurring), and are identified in the ELIN List.

BIDS SHALL BE PRICED ONLY IN JAPANESE YEN. BIDS NOT PRICED IN

JAPANESE YEN WILL BE CONSIDERED NON-RESPONSIVE AND WILL

NOT BE ELIGIBLE FOR AWARD.

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 Japanese Yen.

UNIT UNIT PRICE MAX AMOUNT

0010 UNDEFINED Task OPTION Fourth Option Period Non-Recurring Work

FFP

HOODS & DUCTS AT CFAS JAPAN

The price for this CLIN is made up of all line items being awarded for the Fourth Option Period (Non-Recurring), and are identified in the ELIN List.

BIDS SHALL BE PRICED ONLY IN JAPANESE YEN. BIDS NOT PRICED

IN JAPANESE YEN WILL BE CONSIDERED NON-RESPONSIVE AND

WILL NOT BE ELIGIBLE FOR AWARD.

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 Japanese Yen.

TOTAL AMOUNT

TOTAL AMOUNT OF ALL CLINS

0001 THROUGH 0010

(Base Period through Fourth Option Period)

Not to Exceed of

PERFORMANCE WORK STATEMENT

The contractor shall perform in accordance with the Attachment(s) in the List of Attachments.

LIST OF ATTACHMENTS

List of attachment included in the RFP and any subsequent award Number of attachment

File Name Date Number of pages

1 PWS-HOODS & DUCTS 25 Mar 2024 459 pages

List of attachments included in the RFP only Number of attachment

File Name Date Number of pages a Exhibit Line Item Numbers (ELINs) – *This attachment is incorporated into attachment 2 at time of award

Not applicable 10 tabs b Access Request Form Not applicable 2 c HANDBOOK FOR ACCESS PAS AND SECURITY-

20230531 Not applicable 24 d Pre-Bid Inquiry Form Not applicable 1 e W-14 Not applicable 2 f Provision 52.204-24 Not applicable 1 g PIEE Solicitation Module Guide Not applicable 21

DFARS 252.204-7000 Disclosure of Information applies to all Documents, Exhibits, and Attachments as well as FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems and DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls, 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information, and 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

Attachments will be made available to Bidders via approved controlled document request in Contract Opportunities (sam.gov). The point of contacts for all attachments is Keiko Ujiie, keiko.ujiie2.ln@us.navy.mil, and Elaine P.

Jolliff, elaine.p.jolliff.civ@us.navy.mil.

Bidders are encouraged to seek guidance from their own legal or cyber-security compliance advisors for advice concerning the 15 security controls required by FAR 52.204-21.

Additional information concerning FAR 52.204-21 is also available through the below webpage:

https://www.navfac.navy.mil/navfac_worldwide/pacific/fecs/far_east/about_us/contractors_information.html

NOTE: This solicitation includes Government furnished information (GFI) that requires unique handling, storage, marking, and/or release or dissemination procedures in accordance with Federal law and/or regulations and/or DoD policy. Contractor guidance on its duties and responsibilities with regard to GFI provided under this solicitation, which includes but is not limited to Controlled Unclassified Information (CUI) and/or Operations Security (OPSEC) (the CUI_OPSEC Guide) is located at the webpage indicated above and will be incorporated by reference into any resulting contract, task order, delivery order, etc.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 15-APR-2025 TO

14-APR-2026

N/A NAVFAC FAR EAST

INSPECTOR OF RECORD

FEAD SASEBO

PSC 476 BOX 66

FPO AP 96322-1160

N40084

0002 POP 15-APR-2025 TO

14-APR-2026

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 15-APR-2026 TO

14-APR-2027

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 15-APR-2026 TO

14-APR-2027

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 15-APR-2027 TO

14-APR-2028

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 15-APR-2027 TO

14-APR-2028

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 15-APR-2028 TO

14-APR-2029

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 15-APR-2028 TO

14-APR-2029

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 15-APR-2029 TO

14-APR-2030

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 15-APR-2029 TO

14-APR-2030

N/A (SAME AS PREVIOUS LOCATION)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government 0007 N/A N/A N/A Government 0008 N/A N/A N/A Government

0009 N/A N/A N/A Government 0010 N/A N/A N/A Government

NOTICE

21 DEC 89

Updated 26 OCT 09

NOTICE

UNITED STATES LAWS AND REGULATIONS PROHIBIT YOU FROM PARTICIPATING IN ANY OF THE

FOLLOWING CONCERNING THIS SOLICITATION:

BID RIGGING

PRICE FIXING

COLLUSIVE BIDDING

BID ROTATION

OFFERING GRATUITIES

OFFERING OR RECEIVING KICK-BACKS

THE PRICES IN YOUR OFFER MUST BE ARRIVED AT INDEPENDENTLY WITHOUT ANY

CONSULTATION, COMMUNICATION, OR AGREEMENT WITH ANY OTHER OFFEROR OR

COMPETITOR.

YOUR OFFER CANNOT BE DISCLOSED BY YOU DIRECTLY OR INDIRECTLY TO ANY OTHER

OFFEROR OR COMPETITTOR BEFORE BID OPENING.

IT IS ALSO UNLAWFUL FOR YOU TO INDUCE ANY OTHER COMPANY TO, OR ALLOW ANOTHER

COMPANY TO INDUCE YOU TO, SUBMIT OR NOT SUBMIT AN OFFER FOR THE PURPOSE OF

RESTRICTING COMPETITION.

ALL OF THE ABOVE ACTS ARE ACTS OF DISHONESTY UNDER UNITED STATES LAWS AND

REGULATIONS AND ARE FORBBIDDEN.

PENALTIES COULD INCLUDE DEBARMENT OR SUSPENSION FROM DOING BUSINESS WITH ANY

UNITED STATES GOVERNMENT AGENCIES, CANCELLATION OF CONTRACTS AND RECOUPMENT

OF PRIOR MONIES PAID.

IF YOU ARE SOLICITED BY ANY OTHER BUSINESS TO DEAL WITH ANY OF THE ABOVE ILLEGAL

ACTS, PLEASE NOTIFY NAVFAC FAR EAST AT TELEPHONE NUMBER 046-816-409

注意

この⼊札に関連して次のいずれかに関与したら、合衆国の法律、規則等により違法になります。

不正⼿段による⼊札

値段の不正取り決め

共謀⼊札

⼊札の回し取り

謝礼をすること

リベートの授受

⼊札の値段はほかの⼊札者や競争相⼿との協議、意思伝達または同意によってではなく独⾃に⾒積もった値段でなけ ればならない。

貴⽅の⼊札は開札前に他の⼊札者や競争相⼿に直接または間接的に⾒せてはいけない。尚、貴⽅が他の会社に、あるいは他の会社が貴⽅に競争 相⼿を制限する⽬的⼊札をする様にまたは⼊札しない様に説き勧めることは、これまた違法である。

全ての上記の⾏為は、合衆国の法律、規則等のもとでは不正な⾏為であり、禁じられている。処罰は、合衆国政府機関の関連事業からの除外⼜は 停⽌、契約の取り消し、そして⽀払い⾦の償還も含まれる。

もし貴⽅が他の会社から上記のいずれかの違法⾏為に関わりあうことになる様な申し込みをされたら、NAVFAC FAR EAST 電話046-816-4092まで

御通報ください。

TAX EXEMPTION

Exemption from Japanese Customs Duties and Taxes Pursuant to Status of Forces Agreement (Aug 1987)

(1) Paragraph 2, Article XI of the Status of Forces Agreement between Japan and the United States, authorized the United States entry into Japan free from Japanese customs duties and other charges all materials, supplies and equipment imported for the official use of the United States Armed Forces or for the exclusive use of such forces or ultimately to be incorporated into articles or facilities used by such forces.

(2) Paragraph 3, Article XII of said Status of Forces Agreement, authorizes the United Status exemption from certain Japanese taxes for materials, supplies, equipment and services procured for official purpose in Japan by the United Status Armed Forces or by authorized agencies of the United State Armed Forces. Currently, these taxes are:

(a) Commodity tax; (b) Traveling tax; (c) Gasoline tax and local road tax on gasoline; (d) Diesel oil tax; (e) Electricity and gas taxes; (f) Liquefied petroleum gas tax.

(3) If you are the successful offeror, the Contracting Officer or his authorized representative will issue customs or tax exemption certificates as appropriate, relieving you from such customs duties or taxes in accordance with procedures agreed upon between the Government of Japan and the United States of America. Tax exemption certificates for motor fuel will be issued only after consumption of the motor fuel, either at the end of each month or upon termination of the contract. These can be applied against future purchases of motor fuel. They will be issued only to you as the prime contractor, so, if you employ a subcontractor or supplier who uses motor fuel, you must purchase the motor fuel to secure the exemption.

(4) List below the customs duties or taxes, which have been excluded from your proposal as required by the Taxes Clause.

Custom Duty Or Tax

Type of Commodity and Percentage of Tax

Amount of Duty of Tax Excluded in U. S. dollars

End of Clause

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

NOV 2021

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-20 Predecessor of Offeror AUG 2020

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-12 Certification Regarding Tax Matters OCT 2020 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (Deviation 2023-O0008)

FEB 2024

52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-10 Contract Award--Sealed Bidding JUL 1990 52.214-12 Preparation Of Bids APR 1984 52.214-15 Period For Acceptance Of Bids APR 1984 52.214-23 Late Submission, Modifications, And Withdrawals Of

Technical Proposals Under Two-Step Sealed Bidding

NOV 1999

52.214-34 Submission Of Offers In The English Language APR 1991 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan.

OCT 2020

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.232-34 Payment By Electronic Funds Transfer--Other Than System for Award Management

JUL 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

MAR 2023

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

JAN 2023

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

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

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 NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer DEC 2022 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

JUN 2015

252.225-7048 Export-Controlled Items JUN 2013 252.227-7015 Technical Data--Commercial Products and Commercial

Services

MAR 2023

252.227-7026 Deferred Delivery Of Technical Data Or Computer Software APR 1988 252.227-7027 Deferred Ordering Of Technical Data Or Computer Software APR 1988 252.227-7037 Validation of Restrictive Markings on Technical Data JAN 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations

OCT 2010

252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7023 Transportation of Supplies by Sea JAN 2023

ADDENDUM TO 52.212-1

INSTRUCTIONS TO BIDDER SECTION

1. POINT OF CONTACT (POC): POC for this requirement is the Contract Specialist, Keiko Ujiie.

Email: Keiko.ujiie2.ln@us.navy.mil Telephone (local) 0956-50-2502

Telephone (from USA) 011-81-956-50-2502

2. SYSTEM FOR AWARD MANAGEMENT REGISTRATION:

All bidders (i.e., whether individually or as a joint venture, etc.) responding to this solicitation must be registered in the System for Award Management (SAM) database to be eligible for award. For more information please go to https://www.sam.gov, or by calling 866-606-8220 or 334-206-7828 for international call and complete the provisions associated with the annual representations and certifications identified in the Federal Acquisition Regulation (FAR) Subpart 4.1202 and Defense FAR Supplement (DFARS) Subpart 204.1202.

A bidder is required to be registered in SAM when submitting its bid, and shall continue to be registered at all relevant times, i.e., time of award, during contract performance, and through final payment of the contract resulting from this solicitation.

CAUTION: All bidders are required to be registered in SAM at the time their bid is submitted. Bidders with no active SAM registration upon receipt of their bid shall be considered ineligible for award.

A contract cannot be awarded to a contractor not registered in SAM with ACTIVE status. Remember to review the NAICS codes listed in your record and make sure that you have listed the NAICS code for this procurement.

3. PRE-BID CONFERENCE AND SITE VISIT:

Pre-Bid Conference:

Date and Time: 19 Dec 2024, 01:30 PM Location: Contracting Conference Room, 2F, Bldg. 200

Site Visit:

Date and Time: 19 Dec 2024, 02:00 PM

Location: Bldg. #129 (Food Court) and Bldg. 1649 (Galaxies)

Note:

1) All attendees are required to have a “DBIDS CARD” that includes access privilege to the Main Base. If you do not have a DBIDS Card, please submit Attachment (b) ACCESS REQUEST FORM to the POC above no later than 10 working days prior to the Site Visit. Please read/refer to “Section 5: DBIDS PAPER PASS” on page 9 of attachment (c) HANDBOOK FOR ACCESS PASS & SECURITY – 20230531.

3) Participants are required to wear Personnel Protection Equipment (PPE) such as Hard Hat, Safety Shoes and Reflective Vest. It is the sole responsibility of each attendee to wear any Personal Protection Equipment (PPE) in accordance with the latest EM 385-1-1 (Safety and Health Requirements Manual) they determine appropriate for the site visit. The U.S. Government/Navy will not provide any PPE for persons attending the site visit. If proper PPE is not used, the individual may not be allowed to participate in the site visit to the full extent.

4. PERIOD OF ACCEPTANCE OF BIDS: By submission of a bid, the Contractor agrees to hold their bid valid for 90 calendar days from the date specified for bid opening.

5. PRE-BID INQUIRIES: All inquiries concerning this solicitation shall be made using the attached Pre-Bid Inquiry Form, Attachment (d), and submitted via email to the Contract Specialist at Keiko.ujiie2.ln@us.navy.mil., and Contracting Officer at elaine.p.jolliff.civ@us.navy.mil. The Government does not intend to respond to inquiries submitted less than 7 working days before bid opening date.

Correspondence shall be in English ONLY in accordance with FAR 52.214-34 Submission of Bidders in the English Language and DFARS 252.225-7041 Correspondence in English. Responses to inquiries will be provided in an Amendment and posted to the GPE located at https://www.sam.gov/. It is the bidder’s responsibility to check the website periodically for any amendments.

6. PREPARATION OF BIDS: A complete bid will comply with FAR 52.214-5 and 52.214-12 and include, at a minimum:

1) SF1449: Signed, dated, and completed with the bid price showing on the applicable CLIN(s) and the “Total Bid Price”.

2) All amendments: Bidder must acknowledge any and all amendments issued under this solicitation by signing each SF30 (amendment).

3) Attachment (a) ELIN-Hoods&Ducts: A unit price and extended price for each ELIN and a Total Price for the Base and all Option Periods.

4) Attachment (e) Provision 52.204-24: The Bidder must submit this unless the Bidder has represented that it “does not provide covered telecommunications equipment or services as a part of its bidder products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services – Representation. If required, complete with the Contractor Name, IFB Number, Project Description, and Contractor POC, signed, and dated. The applicable block in the provision must be checked.

5) Attachment (f) Provision 52.229-11: Completed with the Contractor Name, IFB Number, Project Description, and Contractor POC, signed, and dated. The applicable blocks in the provision must be checked.

6) Attachment (g) W-14 (required for any “Foreign Contracting Party”): Completed in its entirety including being signed, dated, with the capacity to act (job title) included. See note below for additional details.

Note: FAR provision 52.229-11 and FAR clause 52.229-12 are included in this solicitation. This provision and clause concern the imposition of a 2 percent Federal excise tax withholding on any resultant contract award or payment request. This rule applies to Federal Government contracts for goods or services that are awarded to foreign persons. It implements the Department of the Treasury final regulations published in the Federal Register at 81 FR 55133 on August 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S. Government to foreign entities pursuant to certain contracts.

Exemptions from this excise tax must be claimed by an Offeror/Bidders when it submits, with its offer/bid, a U.S. Department of Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. If not submitted with the offer/bid, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each payment. Failure to submit IRS Form W-14 with a payment request will also result in an automatic withholding of 2 percent from the payment request.

When filling out the IRS Form W-14 the following information may be used to complete Part I, Line 6 and 7:

Line 6 Contract / reference number: Use the RFQ/RFP/IFB number on the solicitation

Line 7 Name and address of the acquiring agency: NAVFAC Far East PWD Sasebo

City or town, state or province. Include postal code where appropriate: Bldg. 200, 2nd Floor, Hirase- Cho, Sasebo-shi, Nagasaki-ken 857-0056

Country (do not abbreviate): Japan

Any exemption claimed and self-certified is subject to audit by the IRS. Any disputes concerning this tax are adjudicated by the IRS because the Section 5000C tax is a tax matter not a contract issue.

Bidders are encouraged to seek guidance from their own tax professionals for advice concerning the provision, clause, and the execution/submission of IRS Form W-14. Additional information is also available at:

https://www.navfac.navy.mil/navfac_worldwide/pacific/fecs/far_east/about_us/contractors_information.html

7. SUBMISSION OF BID AND PUBLIC OPENING OF BIDS: Bids will be publicly opened at the time set for opening in the invitation for bids. Their content will be made public for the information of bidders and others interested, who may be present either in person or by representative.

SUBMISION OF BIDS: Bids shall be submitted via e-mail or PIEE Module. (Please read/refer to “PIEE Solicitation Module Guide, Attachment (h)).

In order to submit a bid through the Solicitation Module in PIEE, you must have an active Proposal Manager role in PIEE at https://piee.eb.mil/.

To upload the bid in Solicitation module in PIEE:

1. Ensure you have an active role as with the Proposal Manager in PIEE.

2. Log into PIEE at https://piee.eb.mil/ to access the Solicitation Module or go directly to the Solicitation

Module at the following link: https://piee.eb.mil/sol/xhtml/unauth/index.xhtml.

3. Select Solicitation icon.

4. At the Home screen of the Solicitation Module, select the Search link to find the solicitation you intend to post an offer against.

5. In the Solicitation Search Criteria filter by entering the complete solicitation number and for Status, select Open, then click Search.

6. When search results display, select the solicitation number link to open the solicitation.

7. The solicitation displays, with information as view only.

8. To post the offer, click the Offer tab.

9. Click the Add button to add an offer to the solicitation.

10. Select the applicable CAGE Code for which you are submitting the offer. The list is prefiltered based on the CAGEs in the Proposal Manager’s profile.

11. Click on the Choose Files link to upload attachments that comprise your offer.

12. Enter Signature Date and click Signature button after entering all necessary information.

13. Sign Document pop-up will be displayed requiring the user to enter a Digital Pin and OTP. Click the

Sign and Submit button to continue.

14. After successfully adding the Offer a success message of the submission will be displayed providing confirmation of on-time/late proposal receipt.

For addition information on PIEE Vendor Access Instructions or PIEE Solicitation Module Frequently Asked Questions visit:

https://dodprocurementtoolbox.com/site-pages/solicitation-module

For additional instructions on how to post an offer, please refer to the Posting Offer demo:

https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf

Offerors/Bidders are responsible for submitting files in the format specified consistent with requirements stated elsewhere in this solicitation. Offerors/Bidders should mark all electronic files with the solicitation number and should keep the file name as short as possible (i.e., under 40 characters). Files with longer names may become corrupt or inaccessible. Files that cannot be opened, or are otherwise missing the required content are the responsibility of Offerors/Bidders.

It is an Offeror/Bidders’s responsibility, when transmitting its bid electronically, to ensure the bid’s timely delivery by transmitting the bid sufficiently in advance of the time set for receipt of bids to allow for timely receipt by the Government no later than the date and time stated in the solicitation. Offerors/Bidders shall allow adequate time to upload files, which may be slower for non-DoD users, and to avoid other technical difficulties that may be encountered. An Offeror/Bidders risks the late receipt and rejection of a bid where it delays transmitting its bid until the last few minutes before the time set for receipt of bids. It is the responsibility of the Offeror/Bidders to confirm receipt of bids. Bids that are received after the stated date and time in the solicitation shall be treated as late submissions and will not be considered except under facts and circumstances allowed by the Federal Acquisition Regulation (FAR).

8. LOCATION OF BID OPENING: SSEB Room at Contracting Office, 2nd Floor at Bldg. 200. The bid opening will occur immediately after the due date and time for receipt of bids.

9. BIDDER'S QUALIFICATIONS: Before a bid is considered for award, the bidder may be requested by the Government to submit a statement regarding the bidder’s previous experience in performing comparable work, its business and technical organization, financial resources, and such other information as may be required to evaluate the bidders responsibility.

10. AUTHORIZATION TO PERFORM: In accordance with DFARS 252.225-7042, the Offeror/Bidder must be duly authorized to operate and to do business in Japan.

11. CONTRACTOR LICENSING REQUIREMENTS: Prior to award of any contract, bidders must be registered to do business in Japan and possess any license(s). Bidders may be required to provide verification of any required license prior to award of any contract to the Contracting Officer if such information is not already on file with or available to the Contracting Officer. In case of bidders from a joint venture, at least one of the joint ventures must possess and provide verification of such license(s) prior to award.

12. BONDING REQUIREMENTS: Performance bonds and bid guarantees are NOT required by this solicitation.

13. AMENDMENTS: Amendments will be posted to the Government wide point of Entry (GPE) currently located at https://www.sam.gov. Hard copies of the amendment will not be mailed. It is the bidder’s responsibility to check the website periodically for any amendments. Bidders must acknowledge any and all amendments issued under this solicitation either by annotating it on the SF1449 or signing each SF30 (amendment) and submitting it with the contractor’s proposal.

14. BIDS SHALL BE PRICED ONLY IN JAPANESE YEN. BIDS NOT PRICED IN JAPANESE YEN

WILL BE CONSIDERED NON-RESPONSIVE AND WILL NOT BE EVALUATED.

15. JOINT VENTURE (JV) BIDDERS: Bidders who are Joint Ventures shall submit the following additional documentation regarding their business entities with the bid:

a. A copy of the JV agreement; and,

b. A detailed statement outlining the following in terms of percentages where appropriate:

1) The relationship of the team/partners/parties in terms of business ownership, capital contribution, profit distribution or loss sharing;

2) The management approach, structure and decision-making responsibilities of the partners/parties in terms of who will conduct, direct supervise, and control the manner and method of performance of work; and

3) Identify (by name and title) the personnel having the authority to legally bind the JV and the various partners/parties (including authority to execute the contract documents and bonds).

c. A list of partners/parties, to include company name, DUNS and CAGE numbers, address, point of contact, e-mail address, phone number and facsimile number.

NOTES: A bid may be rejected if the company name identified on the bonds is different from the JV name identified on the agreement. The JV must be actively registered in the System for Award Management (SAM) database as the JV.

16. BIDS AND INVOICES EXCLUSIVE OF EXEMPTED TAXES AND DUTIES: Bids and any subsequent invoices submitted during performance of this contract shall not include the cost of any taxes or duties for which the U.S. government is exempt from paying under SOFA agreement with Japan and for which the contractor may obtain relief from Japanese authorities.

17. INCURRED EXPENSES: The Government is not responsible for any costs incurred or associated with preparation and submission of a bid in response to this IFB.

18. NO ALTERNATE OR MULTIPLE BIDS: Neither multiple bids, nor bid variations or options, nor alternate or alternative bids will be considered in the evaluation.

19. CONTRACTOR PERFORMANCE ASSESSMENT REPORT SYSTEM (CPARS): Contractor’s performance will be evaluated using the respective contractor performance evaluation report entry system located on the website http://www.cpars.gov/. Prior to commencement of work the contractor is required to provide the government with the name, phone number and e-mail address of the “Contractor’s Representative” that will be responsible for receipt and review of draft performance evaluations prepared by the government in the appropriate system. It is the contractor’s responsibility to keep this contact information current.

20. STATUS OF FORCES AGREEMENT: The U.S. Government will not offer “United States Official

Contractor” status under Article XIV of the U.S. Japan Status of Forces Agreement (SOFA) to any bidders awarded a contract under this solicitation. The U.S. Government does not intend to certify qualified employees of a contractor as “Members of the Civilian Component” under Article I (b) of the SOFA.

21. CUSTOMS AND TAX EXEMPTION: In accordance with the Status of Forces Agreement, the U.S.

Government is entitled to an exemption from Japanese customs duties and Japanese commodity and gasoline taxes. The Contractor warrants that all taxes and customs duties pertinent to the procurement for which the U.S.

Government is exempt have been excluded from the contract price. The Contractor is required to submit a request in writing to the Contracting Officer for issuance of an import or tax exemption certificate, as appropriate, relieving the Contractor from such customs duties or taxes. Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available.

(End of Addendum)

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will evaluate bidders for award purposes in accordance with FAR 52.214-10 Contract Award – Sealed Bidding. There are no price related factors. The Government will use the “Total Bid Price” for evaluation purposes. The “Total Bid Price” is the total amounts for CLINs 0001 through 0010 (Base Period through 4th Option period).

(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.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024) ALTERNATE I (FEB 2024)

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).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

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

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

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

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

"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern--

(1)(i) Not less than 51 percent of which is owned and controlled 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; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1001", 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 the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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