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SEE ADDENDUM
(No Collect Calls)
N0017421R0062 13-Apr-2021
b. TELEPHONE NUMBER
(301)744-6632
8. OFFER DUE DATE/LOCAL TIME
08:00 AM 04 May 2021
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.
N001749. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
SARAH N HAYDEN
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
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
NSWC IHD C02
4081 N. JACKSON RD
BLDG 841
INDIAN HEAD MD 20640-5116
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 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$35,000,000
NAICS:
624230
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 OF29
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.
N0017421R0062
Section SF 1449 - CONTINUATION SHEET
POC
The following contacts are provided for this contract:
Contract Administrator: Sarah Hayden E-mail: sarah.n.hayden@navy.mil
Payments/Invoicing: Comptroller Vendor Pay Phone Number: (301) 744-1762 E-mail: NAVSEA.NSWC.IHEODTDVendorPay@navy.mil
Technical Representative: Daryl Stringer Phone Number: (301) 744-5748 E-mail: daryl.stringer@navy.mil
Any concerns regarding your contract, should be directed to the above mentioned personnel, or the Contracting Officer Marlene Ridgell, marlene.ridgell@navy.mil (301)744-6617.
PERFORMANCE WORK STATEMENT
PERFORMANCE WORK STATEMENT
Comprehensive Traveler Information, Medical, Security and Evacuation Assistance Support Services for Federal Government Employees
NSWC IHD
1.0 PURPOSE AND BACKGROUND
1.1 The Naval Surface Warfare Center, Indian Head Division (NSWC IHD) provides research, development, engineering, manufacturing, test, evaluation and in-service support of energetic systems and energetic materials (chemicals, propellants and explosives) for ordnance, warheads, propulsion systems, pyrotechnic devices, fuzing, electronic devices, Cartridge Actuated Devices and Propellant Actuated Devices (CAD/PADs), Packaging, Handling, Storage, and Transportation (PHS&T), gun weapons systems and special weapons for Navy, Joint Forces, the Nation and our Allied Foreign Nations . NSWC IHD also develops and delivers Explosive Ordnance Disposal (EOD) technology, knowledge, tools and equipment and their life cycle support through an expeditionary work force which meets the needs of the Department of Defense, combatant commanders and our foreign and interagency partners. NSWC IHD supports the Executive Manager for EOD Technology and Training, and executes other responsibilities as assigned by the Commander, Naval Surface Warfare Center.
The mission requires Temporary Duty (TDY) travelers on special assignment to travel to various regions across the world. NSWC IHD requires integrated security and health solutions that include comprehensive traveler information, medical, security and on-line services for its personnel while on TDY outside the United States.
1.2 The objective of this procurement is to seek international comprehensive travel information, medical, security and evacuation support services that require very little maintenance on behalf of NSWC IHD staff, and which are managed such that there are minimal administrative barriers related to enrollment, verification of eligibility for services, and action initiated and followed through on emergency mitigation, response and resolution.
2.0 SCOPE OF WORK
The Contractor shall provide comprehensive foreign traveler information, medical, security and evacuation support services for all of NSWC IHD Government Civilian and Contract employees to include Expeditionary Exploitation Unit ONE (EXU-1) on TDY assignment outside the United States. All services that would incur additional charges must be approved by the NSWC IHD Authorized Personnel, as defined in Section 7.5. Emergency Support and Evacuation services shall include comprehensive medical and security emergency assistance, including medical and political evacuation services as necessary. These services also include real-time information resources and alerts available prior to and during a trip through mobile and web-based applications to support the health and safety for NSWC IHD employees while traveling internationally.
3.0 REQUIREMENTS
3.1 KICKOFF MEETING
The Contractor shall facilitate a Government/Contractor Kickoff Meeting to establish Government/Contractor interfaces within 15 days after contract award, or as mutually agreed to by the Government and the Contractor. The anticipated meeting objectives shall include a face to face an or phone-con meeting between key personnel, team introduction, general program discussions, as well as more specific information in regards to the supported programs.
3.2 TRAVELER INFORMATIONAL SUPPORT
The Contractor shall provide:
Compilation and electronic distribution of multiple sources of reliable information relevant to safety, security and health while traveling internationally. Multiple media approaches to include, but not limited to: mobile applications, website, email and telephone for exchanging and disseminating information that has been thoroughly vetted for accuracy of information.
Website and mobile application site that includes real-time information and alerts related to security and medical concerns for travelers that can be accessed by Government employee traveling to ensure preparedness before and during travel.
Customized web pages and links that allow for the consolidation of information and increased efficiency to consolidate NSWC IHD Traveler information for ease of access and management.
Telephone, mobile application and web-based database containing pertinent information readily available to the traveler (contact information for Embassies, hospitals, health care facilities, emergency numbers, etc.).
Command Centers and staff available 24/7 to manage round-the-clock inquiries from Government employee traveling in all time zones
Travel tracking application for command to mitigate risk and enhance visibility of traveler overseas;
activated and managed by NSWC IHD as necessary.
Communication Assistance - 24/7 access to a crisis center or incident command center and case manager in the event of a security related concern - disasters (natural, political, etc.).
Training for users and administrators for use of websites, mobile applications and support personnel at call centers.
In the instance a Traveler loses important personal documentation, the Contractor will provide advice support (i.e. passport, identification, and other important documents).
3.3 MEDICAL SUPPORT SERVICES
The Contractor shall provide:
Medical and dental referrals to reliable health care providers and advisory services in foreign countries which meet U.S. standards. (Additional details in 3.6 PROVIDER NETWORK) Cost analysis, when reasonable, to the Authorized personnel based on geographic region and state of medical emergency of the individual requiring medical services.
Assistance with transport, intake, admissions and monitoring during a medical emergency.
Outpatient referrals and case management Legal referrals, as necessary Translation and interpretation services in emergency situations as required by the Government, to assist with proper care of the individual.
Assistance with documentation of services incurred during TDY for claims Coordination of medical information and logistics for support and evacuations with all U.S. Government agencies involved.
3.4 MEDICAL, SECURITY, AND EVACUATION SUPPORT SERVICES
The Contractor shall provide Medical, Security and Evacuation Support Services listed below upon the request of the identified Authorized Personnel identified by NSWC IHD.
3.4.1 When medically necessary and appropriate, the Contractor shall arrange logistical and operational management and services support (e.g. ambulance/aeromedical) for medical evacuations and repatriation - includes payments to providers in remote locations that the U.S. Government may not be able to make in an expeditious manner. The Contractor shall provide a description of their standard operating procedure for reimbursement with the government and traveling employee's health insurance providers.
3.4.2. The Contractor shall ensure that all available medical records accompany the patient during medical evacuation. Additionally, following the completion of the patient movement, the Contractor shall prepare a comprehensive written narrative describing all medical care that was rendered during the patient movement. This narrative, accompanied by a copy of the patient’s medical records as described above, shall be translated into English (if necessary), scanned digitally, and provided to the Authorized Personnel via secure electronic means within 96 hours following the conclusion of the patient movement. Documentation shall include mission manifest, cover sheet, pre-flight medical assessment, all in-flight medical documentation, treatment orders, and post-flight hand off notes.
3.4.3 If evacuation is required due to security concerns, natural disasters, and so forth, the Contractor shall provide security and evacuation support services. The Contractor’s 24/7 command center shall coordinate information and logistics for support and evacuations with NSWC IHD.
3.5 ADDITIONAL SUPPORT SERVICES
The Contractor shall provide the Additional Support Services listed below upon the request of the NSWC IHD Authorized Personnel:
Dispatch of emergency, medications and supplies to overseas travelers as needed Advanced emergency cash for personnel Medically trained escort services as required for sustained care of a patient during transit.
Repatriation of mortal remains in the event of a death abroad.
Additional Transportation Assistance, as required Medical expense guarantee, cost review and payment, as well as medical monitoring Contractor shall have staff available that speaks the languages that correspond, but not limited to, with the native languages 3.7 Geographical Scope of Service. Real-time telephonic translation support shall be available upon the request of the traveler.
Additional Translations and interpretational services, as necessary. Upon request Contractor shall provide complete and accurate rendering of medical documentation (source material) into grammatically and colloquially correct products in the written English language as described below.
Physician treatment notes from an office visit Consult results Claims and supporting documentation Hospitalization and operative summaries Physician letters summarizing care received Emergency treatment COR-approved medical documents older than 365 days Laboratory results/radiology reports that are a component of a medical report
3.6 PROVIDER NETWORK
The Contractor shall maintain a proactive and direct relationship with providers maintained in all geographical locations listed in 3.7 Geographical Scope of Service.
Contractor shall demonstrate the innate capability to complete on-site provider assessments every 1 to 3 years by qualified medical, security and aviation specialists for all services to be rendered under this contract. Current assessments of all geographical locations listed in 3.7 Geographical Scope of Service shall be available for on-site inspection and evaluation by NSWC IHD.
The Contractor shall possess strict guidelines and processes for providers’ assessment and selection, quality criteria (medical level, equipment, reliability, reactivity, environment), credentialing (license, insurance, diploma, pricing), agreements, compliance to Code of Conduct, and continuous education that meet the specific standards of the host nation and Federal Government regulations.
The Contractor shall have reasonable knowledge in regards to price expertise and cost containment focus in order to ensure reasonable prices.
Contractor shall maintain an accurate, readily accessible, up-to-date searchable list identifying providers for each area specified in Section 3.7. This list should be made available to NSWC IHD’s identified Authorized Personnel.
3.7 GEOGRAPHICAL SCOPE OF SERVICE
The Contractor shall provide services on a worldwide basis and may include but not limited to: Algeria, Australia, Bahrain, Bulgaria, Denmark, Djibouti, Philippines, Qatar, Romania, Saudi Arabia, Singapore, Germany, Greece, Guam, Israel, Italy, Japan, South Korea, Spain, Sweden, Belgium, Canada, Cuba, France, Pakistan, Spain and United Kingdom. Contractor shall execute Services dependent on resource availability and must remain within the scope of national and international law and regulations.
3.8 CONFIDENTIALITY
3.8.1 All beneficiary records, including (but not limited to) Beneficiary History and Deductible Files as described in DoD 6025.18-R and other data used in any way by the Contractor must be protected as required by the Freedom of Information Act; the Privacy Act of 1975 (as implemented by Department of Defense Regulation 5400.11-R); the Alcohol, Drug Abuse, and Mental Health Administration Reorganization Act; the Health Insurance and Portability Accountability Act (HIPAA) of 1996; DoD 6025.18-R; and 10 U.S.C. 1102. Records must be protected, in terms of privacy and security during use, transmission, storage, handling, and destruction. Unless otherwise provided herein or as approved by the Contracting Officer (CO), all records shall be used only in the performance of the contract.
3.9 QUALITY CONTROL
3.9.1 The Contractor shall implement and maintain a quality management system certified to a recognized international standard.
3.9.2 The Contractor shall establish and maintain effective management strategies, staff education and training programs, lines of authority, and reporting and coordination interfaces with the Government.
3.9.3 Contractor shall maintain optimal network utilization and best experience for members and customers, as well as continuous quality improvements and feedback.
4.0 COMPLIANCE WITH FEDERAL, STATE, LOCAL and FOREIGN REQUIREMENTS
4.0.1. The Contractor shall comply with all applicable state insurance and license requirements necessary for performance under this contract except where preempted by Federal Law. 10 USC 1103 provides for preemption of state and local laws that relate to health insurance, prepaid health plans, or other health care delivery or financing methods. In order to identify those state and local laws that should be preempted, the Contractor is directed to notify the Authorized Personnel of those state and local laws the Contractor deems should be preempted, with supporting documentation. This notification should be provided no later than 30 calendar days after award of the contract. The Contractor may also be required to comply with foreign laws, depending on their business structure and physical location of services.
4.0.2. In addition to the insurance and license requirements the Contractor, consultants, and providers shall obtain and maintain all other permits, licenses, etc., that may be required to perform the services set forth in this solicitation.
4.0.3 Contractor shall comply with federal and international governmental regulations in regards to privacy and data protection.
5.0. OTHER TERMS, CONDITIONS AND PROVISIONS
5.0.1. Protection of Information.
5.0.1.1. Security. The Contractor does not require access to classified data; however, the Contractor may require access to information, which is to be handled as “For Official Use Only” and/or “Controlled Unclassified Information’, and which may be covered by the Privacy Act and the HIPAA. The Contractor shall ensure that staff assigned to this task understand the meaning of these categories of data and handle them accordingly.
5.0.1.2. Dissemination of Information/Publishing. The Contractor shall not allow dissemination or publication, except within and between the Contractor and any subcontractors or specified Integrated Process Team (IPT) members who have a need to know, of information developed under this contract or contained in the reports to be furnished pursuant to this contract without prior written approval of the COR.
5.0.1.3. Identification of Contractor Employees. The Contractor and all contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties shall identify themselves as such to avoid creating an impression in the minds of members of the public or Congress that they are Government officials, unless, in the judgment of the agency, no harm can come from failing to identify their Contractor status. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.
6.0 PLACE OF PERFORMANCE
All work shall be performed at the Contractor's site(s), unless otherwise noted in this Performance Work Statement.
7.0 REPORTING REQUIREMENTS
7.1Monthly Progress Reports
The Contractor shall provide monthly progress reports (MPR) (Contract Data Requirements List (CDRL) A001).
7.2 Risk Reporting
The Contractor shall provide customizable travel tracking and risk reporting, as requested by NSWC IHD.
Accessible comprehensive risk reporting shall provide travel footprint, travel risk and the impact of events on current, future and past travel. In addition reporting by country risk ratings and/or related Event Alerts.
7.3 Operations Reporting
A detailed incident report shall be provided when a traveler is involved in an emergency. A summary report on specific services provided at the conclusion of each situation, which will describe the event and the contractor’s response. (CDRL A002).
7.4 NSWC IHD Authorized Personnel
List will be provided at time of award.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Base Year: Comprehensive Traveler Info
FFP
Base Year: Comprehensive Traveler Information, Medical, Security and Evacuation Assistance Support Services
Traveler Informational Support in accordance with Performance Work Statement
(PWS).
FOB: Destination VENDOR PART NR: Base Year: Comprehensive Traveler Info
PSC CD: Q999
NET AMT
OPTION Option Yr 1: Comprehensive Traveler Info
FFP
Option Year 1: Comprehensive Traveler Information, Medical, Security and Evacuation Assistance Support Services
Traveler Informational Support in accordance with Performance Work Statement
(PWS).
FOB: Destination VENDOR PART NR: Option Yr 1: Comprehensive Traveler Info
OPTION Option Yr 2: Comprehensive Traveler Info
FFP
Option Year 2: Comprehensive Traveler Information, Medical, Security and Evacuation Assistance Support Services
Traveler Informational Support in accordance with Performance Work Statement
(PWS).
FOB: Destination VENDOR PART NR: Option Yr 2: Comprehensive Traveler Info
OPTION Option Yr 3: Comprehensive Traveler Info
FFP
Option Year 3: Comprehensive Traveler Information, Medical, Security and Evacuation Assistance Support Services
Traveler Informational Support in accordance with Performance Work Statement
(PWS).
FOB: Destination VENDOR PART NR: Option Yr 3: Comprehensive Traveler Info
OPTION Option Yr 4: Comprehensive Traveler Info
FFP
Option Year 4: Comprehensive Traveler Information, Medical, Security and Evacuation Assistance Support Services
Traveler Informational Support in accordance with Performance Work Statement
(PWS).
FOB: Destination VENDOR PART NR: Option Yr 4: Comprehensive Traveler Info
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
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 N/A N/A N/A N/A
0002 N/A N/A N/A N/A
0003 N/A N/A N/A N/A
0004 N/A N/A N/A N/A
0005 N/A N/A N/A N/A
CLAUSES INCORPORATED BY REFERENCE
52.204-2 Security Requirements MAR 2021 52.204-24 Representation Regarding Certain Telecommunications and
Video Surveillance Services or Equipment.
OCT 2020
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2020
52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.217-2 Cancellation Under Multiyear Contracts OCT 1997 52.217-3 Evaluation Exclusive Of Options APR 1984 52.217-5 Evaluation Of Options JUL 1990 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Disputes MAY 2014 52.247-34 F.O.B. Destination NOV 1991 52.249-1 Termination For Convenience Of The Government (Fixed
Price) (Short Form)
APR 1984
52.249-2 Termination For Convenience Of The Government (Fixed- Price)
APR 2012
52.249-4 Termination For Convenience Of The Government (Services) (Short Form)
APR 1984
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 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
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
DEC 2019
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.211-7003 Item Unique Identification and Valuation MAR 2016 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021
CLAUSES INCORPORATED BY FULL TEXT
52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)
(a) Definitions.
Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.
Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.
(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.
(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(d) Taxpayer Identification Number (TIN).
___ TIN:.--------------------------------------------------------
___ TIN has been applied for.
___ TIN is not required because:
___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;
___ Offeror is an agency or instrumentality of a foreign government;
___ Offeror is an agency or instrumentality of the Federal Government.
(e) Type of organization.
___ Sole proprietorship;
___ Partnership;
___ Corporate entity (not tax-exempt);
___ Corporate entity (tax-exempt);
___ Government entity (Federal, State, or local);
___ Foreign government;
___ International organization per 26 CFR 1.6049-4;
___ Other--------------------------------------------------------
(f) Common parent.
___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.
___ Name and TIN of common parent:
Name-------------------------------------------------------------------
TIN--------------------------------------------------------------------
(End of provision)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC
2014)
The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
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.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2021)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).
____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.
109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.
C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.
L. 111-117, section 743 of Div. C).
XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).
____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
____ (10) [Reserved]
____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).
____ (ii) Alternate I (MAR 2020) of 52.219-3.
XX (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
____ (ii) Alternate I (MAR 2020) of 52.219-4.
____ (13) [Reserved]
____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
____ (ii) Alternate I (MAR 2020) of 52.219-6.
____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
____ (ii) Alternate I (MAR 2020) of 52.219-7.
____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).
____ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (NOV 2016) of 52.219-9.
____ (iii) Alternate II (NOV 2016) of 52.219-9.
____ (iv) Alternate III (JUN 2020) of 52.219-9.
____ (v) Alternate IV (JUN 2020) of 52.219-9.
____ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
____ (ii) Alternate I (MAR 2020) of 52.219-13.
____ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).
____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).
XX (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C. 632(a)(2)).
____ (ii) Alternate I (MAR 2020) of 52.219-28.
____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).
____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).
____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
____ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).
XX (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
XX (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).
XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
XX (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).
____ (ii) Alternate I (FEB 1999) of 52.222-26.
XX (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
____ (ii) Alternate I (JUL 2014) of 52.222-35.
XX (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
____ (ii) Alternate I (JUL 2014) of 52.222-36.
XX (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.
13496).
XX (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).
____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
____ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners
(JUN 2016) (E.O. 13693).
____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (OCT 2015) of 52.223-13.
____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (JUN 2014) of 52.223-14.
____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).
____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
____ (ii) Alternate I (JUN 2014) of 52.223-16.
XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.
13513).
____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).
____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
____ (ii) Alternate I (JAN 2017) of 52.224-3.
____ (48) 52.225-1, Buy American--Supplies (JAN 2021) (41 U.S.C. chapter 83).
____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (JAN 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
____ (ii) Alternate I (JAN 2021) of 52.225-3.
____ (iii) Alternate II (JAN 2021) of 52.225-3.
____ (iv) Alternate III (JAN 2021) of 52.225-3.
____ (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150
____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.
5150).
____ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).
____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
____ (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
XX (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).
____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.
Appx. 1241(b) and 10 U.S.C. 2631).
____ (ii) Alternate I (APR 2003) of 52.247-64.
____ (iii) Alternate II (FEB 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
XX (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
XX (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).
_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).
_____ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (E.O. 13658).
_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).
(xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).
_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (E.O. 13658).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;
provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2020)
(a) Definitions. As used in this provision--
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.
Service-disabled veteran-owned small business concern--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
Small business concern--
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (b) of this provision.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13
CFR 121.103.
Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i)…
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