RFQ Number 70FA6023B00000005 Combined Synopsis and Solicitation.pdf

RFQ Number: 70FA6023B00000005

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in Federal Acquisition Regulation (FAR) Part 13 using Simplified Acquisition Procedures (SAP). This announcement constitutes the only solicitation, a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation will be posted to SAM at https://sam.gov. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice.

FEMA requests responses from qualified sources capable of providing:

o John Deere Gator TE 4X2 Electric Utility Vehicle (2 each) o Front Bumper/Brush Guard (2 each) o Front Fender Guard (2 each) o 21 Steel Utility Cart (2 each)

All parts shall be brand name and new. No refurbished or used parts will be accepted.

Delivery and Shipping Information:

THOMASVILLE COMPOUND

434 S PINETREE BLVD

ATTN: PAUL JOHNSON

THOMASVILLE, GA 31792

POC:

Paul Johnson 229‐225‐4758 paul.johnson@fema.dhs.gov

Requested Delivery Date: September 19, 2023

Business Size Standard Information:

Other Than Full and Open Competition: John Deere Brand Name (See attached brand name justification) NAICS CODE is: 333112 Size Standard is: 1500 Employees

Evaluation Factors and Required Documents:

To be considered for award, offerors must have an ACTIVE registered in the System for Award Management (SAM). Registration is free and can be completed on‐line at http://sam.gov/.

In accordance with FAR 8.405‐2(c)(2), the Government will use best value as the basis for award. Price and ability to meet product specifications will be evaluated to determine the best value for the Government.

Evaluation Factors and Criteria

Factor Identification ‐ This Government will evaluate the offerors using the following factors.

Factor 1 – Technical Specification

Factor 2 – Delivery Date

Factor 3 – Price

Order of Importance ‐ Factor 1, Technical Specification is the most important factor, and more important than Factor 2, Delivery Date. The non‐price factors 1 and 2 combined are more important than Factor 3, Price.

Basis of Award ‐ Award will be made based upon the offeror’s proposal that provides the best value to the Government using the evaluation factors and tradeoff process. All evaluation factors other than price, when combined, are more important than price.

Quote Format:

To be considered for this opportunity, all quotes shall be:

1. Submitted in either Microsoft Word, Excel spreadsheet, or Adobe PDF.

2. Quotes shall also include:

a. Price(s)

b. Point of contact name, email address, and phone number

c. Business size

d. CAGE Code and/or DUNS

e. Payment terms (Net terms)

f. Shipping Terms: FOB Destination

3. Quotes shall be valid for a minimum of sixty (60) calendar days

Quote Submission and Questions:

Submission: Responses to this solicitation are due by 12:00pm EST on, August 9, 2023.

Email quotes to Janelle LaMaster‐ janelle.lamaster@fema.dhs.gov

Questions: Vendors may submit questions regarding clarification of solicitation requirements to Janelle LaMaster‐ janelle.lamaster@fema.dhs.gov by Monday, 07/24/2023 at 10:00 AM EST.

Any questions received after this date may not be answered.

New Equipment ONLY; No remanufactured or “gray market” items. All items must be covered by the manufacturer’s warranty. Include any kind of discounts and warranties for the Government in the quote.

Failure to comply with the terms and conditions of this solicitation may result in the quote being determined as non‐ responsive.

Invoice:

The following FEMA individual (in addition to the Contracting Officer) is hereby delegated authority to accept goods and services and to review and approve invoices for this contract:

Paul Johnson 229‐225‐4758 paul.johnson@fema.dhs.gov

PROVISIONS AND CLAUSES:

IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO BE FAMILIAR WITH THE APPLICABLE

CLAUSES AND PROVISIONS.

THE CLAUSES MAY BE ACCESSED IN FULL TEXT AT THESE ADDRESSES:

FAR: WWW.ACQUISITION.GOV

DFARS: HTTPS://WWW.ACQ.OSD.MIL/DPAP/DARS/DFARSPGI/CURRENT/INDEX.HTML

THE FOLLOWING FAR AND DFARS PROVISION AND CLAUSES ARE APPLICABLE TO THIS

PROCUREMENT.

SUPPLEMENTARY PROVISIONS AND CLAUSES MAY BE ADDED/REMOVED PRIOR TO AWARD:

CLAUSES INCORPORATED BY REFERENCE

52.204‐7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204‐13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204‐16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING AUG 2020

52.204‐18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

52.204‐22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

52.212‐1 INSTRUCTIONS TO OFFERORS‐‐COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

MAR 2023

52.212‐4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES DEC 2022

52.232‐39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013

52.232‐40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS MAR

52.237‐1 SITE VISIT APR 1984

52.247‐34 F.O.B. DESTINATION NOV 1991

252.203‐7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS SEP

252.203‐7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS DEC 2022

252.204‐7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT APR 1992

252.204‐7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING JAN 2023

252.204‐7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION

SUPPORT JAN 2023

252.204‐7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES JAN 2023

252.211‐7003 ITEM UNIQUE IDENTIFICATION AND VALUATION JAN 2023

252.223‐7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR

HAZARDOUS MATERIALS SEP 2014

252.225‐7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM—BASIC JAN 2023

252.225‐7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS MAR 2022

252.225‐7048 EXPORT‐CONTROLLED ITEMS JUN 2013

252.225‐7056 PROHIBITION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME

JAN 2023

252.225‐7972 (DEV) PROHIBITION ON THE PROCUREMENT OF FOREIGN‐MADE UNMANNED

AIRCRAFT SYSTEMS (DEVIATION 2020‐ O0015) MAY 2020

252.232‐7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

DEC 2018

252.232‐7010 LEVIES ON CONTRACT PAYMENTS DEC 2006

252.244‐7000 SUBCONTRACTS FOR COMMERCIAL PRODUCTS OR COMMERCIAL SERVICES JAN

252.247‐7023 TRANSPORTATION OF SUPPLIES BY SEA JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

HSAR 3052.209‐72 ORGANIZATION CONFLICT OF INTEREST (JUN 2006)

(A) DETERMINATION. THE GOVERNMENT HAS DETERMINED THAT THIS EFFORT MAY

RESULT IN AN ACTUAL OR POTENTIAL CONFLICT OF INTEREST, OR MAY PROVIDE ONE OR MORE

OFFERORS WITH THE POTENTIAL TO ATTAIN AN UNFAIR COMPETITIVE ADVANTAGE. THE

NATURE OF THE CONFLICT OF INTEREST AND THE LIMITATION ON FUTURE CONTRACTING WITH

FEMA.

(B) IF ANY SUCH CONFLICT OF INTEREST IS FOUND TO EXIST, THE CONTRACTING OFFICER

MAY

(1) DISQUALIFY THE OFFEROR, OR (2) DETERMINE THAT IT IS OTHERWISE IN THE BEST INTEREST

OF THE UNITED STATES TO CONTRACT WITH THE OFFEROR AND INCLUDE THE APPROPRIATE

PROVISIONS TO AVOID, NEUTRALIZE, MITIGATE, OR WAIVE SUCH CONFLICT IN THE CONTRACT

AWARDED. AFTER DISCUSSION WITH THE OFFEROR, THE CONTRACTING OFFICER MAY

DETERMINE THAT THE ACTUAL CONFLICT CANNOT BE AVOIDED, NEUTRALIZED, MITIGATED OR

OTHERWISE RESOLVED TO THE SATISFACTION OF THE GOVERNMENT, AND THE OFFEROR MAY

BE FOUND INELIGIBLE FOR AWARD.

(C) DISCLOSURE: THE OFFEROR HEREBY REPRESENTS, TO THE BEST OF ITS KNOWLEDGE

THAT:

_(1) IT IS NOT AWARE OF ANY FACTS WHICH CREATE ANY ACTUAL OR POTENTIAL

ORGANIZATIONAL CONFLICTS OF INTEREST RELATING TO THE AWARD OF THIS CONTRACT, OR

_(2) IT HAS INCLUDED INFORMATION IN ITS PROPOSAL, PROVIDING ALL CURRENT

INFORMATION BEARING ON THE EXISTENCE OF ANY ACTUAL OR POTENTIAL ORGANIZATIONAL

CONFLICTS OF INTEREST, AND HAS INCLUDED A MITIGATION PLAN IN ACCORDANCE WITH

PARAGRAPH (D) OF THIS CLAUSE.

(D) MITIGATION. IF AN OFFEROR WITH A POTENTIAL OR ACTUAL CONFLICT OF INTEREST OR

UNFAIR COMPETITIVE ADVANTAGE BELIEVES THE CONFLICT CAN BE AVOIDED, NEUTRALIZED,

OR MITIGATED, THE OFFEROR SHALL SUBMIT A MITIGATION PLAN TO THE GOVERNMENT FOR

REVIEW. AWARD OF A CONTRACT WHERE AN ACTUAL OR POTENTIAL CONFLICT OF INTEREST

EXISTS SHALL NOT OCCUR BEFORE GOVERNMENT APPROVAL OF THE MITIGATION PLAN. IF A

MITIGATION PLAN IS APPROVED, THE RESTRICTIONS OF THIS CLAUSE DO NOT APPLY TO THE

EXTENT DEFINED IN THE MITIGATION PLAN.

(E) OTHER RELEVANT INFORMATION: IN ADDITION TO THE MITIGATION PLAN, THE

CONTRACTING OFFICER MAY REQUIRE FURTHER RELEVANT INFORMATION FROM THE

OFFEROR. THE CONTRACTING OFFICER WILL USE ALL INFORMATION SUBMITTED BY THE

OFFEROR, AND ANY OTHER RELEVANT INFORMATION KNOWN TO DHS, TO DETERMINE

WHETHER AN AWARD TO THE OFFEROR MAY TAKE PLACE, AND WHETHER THE MITIGATION

PLAN ADEQUATELY NEUTRALIZES OR MITIGATES THE CONFLICT.

(F) CORPORATION CHANGE. THE SUCCESSFUL OFFEROR SHALL INFORM THE CONTRACTING

OFFICER WITHIN THIRTY (30) CALENDAR DAYS OF THE EFFECTIVE DATE OF ANY CORPORATE

MERGERS, ACQUISITIONS, AND/OR DIVESTURES THAT MAY AFFECT THIS CLAUSE.

(G) FLOW‐DOWN. THE CONTRACTOR SHALL INSERT THE SUBSTANCE OF THIS CLAUSE IN

EACH FIRST TIER SUBCONTRACT THAT EXCEEDS THE SIMPLIFIED ACQUISITION THRESHOLD.

(END OF PROVISION)

FAR 52.204‐7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

A) DEFINITIONS. AS USED IN THIS PROVISION—

"ELECTRONIC FUNDS TRANSFER (EFT) INDICATOR MEANS A FOUR‐CHARACTER SUFFIX TO THE

UNIQUE ENTITY IDENTIFIER. THE SUFFIX IS ASSIGNED AT THE DISCRETION OF THE

COMMERCIAL, NONPROFIT, OR GOVERNMENT ENTITY TO ESTABLISH ADDITIONAL SYSTEM FOR

AWARD MANAGEMENT RECORDS FOR IDENTIFYING ALTERNATIVE EFT ACCOUNTS (SEE

SUBPART 32.11) FOR THE SAME ENTITY.

REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) MEANS THAT–

(1) THE OFFEROR HAS ENTERED ALL MANDATORY INFORMATION, INCLUDING THE UNIQUE

ENTITY IDENTIFIER AND THE EFT INDICATOR, IF APPLICABLE, THE COMMERCIAL AND

GOVERNMENT ENTITY (CAGE) CODE, AS WELL AS DATA REQUIRED BY THE FEDERAL FUNDING

ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006 (SEE SUBPART 4.14) INTO SAM

(2) THE OFFEROR HAS COMPLETED THE CORE, ASSERTIONS, AND REPRESENTATIONS AND

CERTIFICATIONS, AND POINTS OF CONTACT SECTIONS OF THE REGISTRATION IN SAM;

(3) THE GOVERNMENT HAS VALIDATED ALL MANDATORY DATA FIELDS, TO INCLUDE

VALIDATION OF THE TAXPAYER IDENTIFICATION NUMBER (TIN) WITH THE INTERNAL REVENUE

SERVICE (IRS). THE OFFEROR WILL BE REQUIRED TO PROVIDE CONSENT FOR TIN VALIDATION

TO THE GOVERNMENT AS A PART OF THE SAM REGISTRATION PROCESS; AND

(4) THE GOVERNMENT HAS MARKED THE RECORD "ACTIVE".

UNIQUE ENTITY IDENTIFIER MEANS A NUMBER OR OTHER IDENTIFIER USED TO IDENTIFY A

SPECIFIC COMMERCIAL, NONPROFIT, OR GOVERNMENT ENTITY. SEE WWW.SAM.GOV FOR THE

DESIGNATED ENTITY FOR ESTABLISHING UNIQUE ENTITY IDENTIFIERS.

(B)

(1) AN OFFEROR IS REQUIRED TO BE REGISTERED IN SAM WHEN SUBMITTING AN OFFER OR

QUOTATION, AND SHALL CONTINUE TO BE REGISTERED UNTIL TIME OF AWARD, DURING

PERFORMANCE, AND THROUGH FINAL PAYMENT OF ANY CONTRACT, BASIC AGREEMENT,

BASIC ORDERING AGREEMENT, OR BLANKET PURCHASING AGREEMENT RESULTING FROM THIS

SOLICITATION.

(2) THE OFFEROR SHALL ENTER, IN THE BLOCK WITH ITS NAME AND ADDRESS ON THE

COVER PAGE OF ITS OFFER, THE ANNOTATION "UNIQUE ENTITY IDENTIFIER" FOLLOWED BY THE UNIQUE ENTITY IDENTIFIER THAT IDENTIFIES THE OFFEROR'S NAME AND ADDRESS EXACTLY AS STATED IN THE OFFER. THE OFFEROR ALSO SHALL ENTER ITS EFT INDICATOR, IF APPLICABLE.

THE UNIQUE ENTITY IDENTIFIER WILL BE USED BY THE CONTRACTING OFFICER TO VERIFY THAT

THE OFFEROR IS REGISTERED IN THE SAM.

(C) IF THE OFFEROR DOES NOT HAVE A UNIQUE ENTITY IDENTIFIER, IT SHOULD CONTACT

THE ENTITY DESIGNATED

AT WWW.SAM.GOV FOR ESTABLISHMENT OF THE UNIQUE ENTITY IDENTIFIER DIRECTLY TO

OBTAIN ONE. THE OFFEROR SHOULD BE PREPARED TO PROVIDE THE FOLLOWING

INFORMATION:

(1) COMPANY LEGAL BUSINESS NAME.

(2) TRADESTYLE, DOING BUSINESS, OR OTHER NAME BY WHICH YOUR ENTITY IS

COMMONLY RECOGNIZED.

(3) COMPANY PHYSICAL STREET ADDRESS, CITY, STATE, AND ZIP CODE.T

(4) COMPANY MAILING ADDRESS, CITY, STATE AND ZIP CODE (IF SEPARATE FROM

PHYSICAL).

(5) COMPANY TELEPHONE NUMBER.

(6) DATE THE COMPANY WAS STARTED.

(7) NUMBER OF EMPLOYEES AT YOUR LOCATION.

(8) CHIEF EXECUTIVE OFFICER/KEY MANAGER.

(9) LINE OF BUSINESS (INDUSTRY).

(10) COMPANY HEADQUARTERS NAME AND ADDRESS (REPORTING RELATIONSHIP WITHIN

YOUR ENTITY).

(D) PROCESSING T IME SHOULD BE TAKEN INTO CONSIDERATION WHEN REGISTERING.

OFFERORS WHO ARE NOT REGISTERED IN SAM SHOULD CONSIDER APPLYING FOR

REGISTRATION IMMEDIATELY UPON RECEIPT OF THIS SOLICITATION.

SEE HTTPS://WW.SAM.GOV FOR INFORMATION ON REGISTRATION.

(END OF PROVISION)

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

(A) DEFINITION. AS USED IN THIS PROVISION –

COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE MEANS–

(1) AN IDENTIFIER ASSIGNED TO ENTITIES LOCATED IN THE UNITED STATES OR ITS

OUTLYING AREAS BY THE DEFENSE LOGISTICS AGENCY (DLA) COMMERCIAL AND GOVERNMENT

ENTITY (CAGE) BRANCH TO IDENTIFY A COMMERCIAL OR GOVERNMENT ENTITY BY UNIQUE

LOCATION; OR

(2) AN IDENTIFIER ASSIGNED BY A MEMBER OF THE NORTH ATLANTIC TREATY

ORGANIZATION (NATO) OR BY THE NATO SUPPORT AND PROCUREMENT AGENCY (NSPA) TO

ENTITIES LOCATED OUTSIDE THE UNITED STATES AND ITS OUTLYING

AREAS THAT THE DLA COMMERCIAL AND GOVERNMENT ENTITY (CAGE) BRANCH RECORDS AND

MAINTAINS IN THE CAGE MASTER FILE. THIS TYPE OF CODE IS KNOWN AS A NATO CAGE

(NCAGE) CODE.

(B) THE OFFEROR SHALL PROVIDE ITS CAGE CODE WITH ITS OFFER WITH ITS NAME AND

LOCATION ADDRESS OR OTHERWISE INCLUDE IT PROMINENTLY IN ITS PROPOSAL. THE CAGE

CODE MUST BE FOR THAT NAME AND LOCATION ADDRESS. INSERT THE WORD "CAGE" BEFORE

THE NUMBER. THE CAGE CODE IS REQUIRED PRIOR TO AWARD.

(C) CAGE CODES MAY BE OBTAINED VIA–

(1) REGISTRATION IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) AT WWW.SAM.GOV.

IF THE OFFEROR IS LOCATED IN THE UNITED STATES OR ITS OUTLYING AREAS AND DOES NOT

ALREADY HAVE A CAGE CODE ASSIGNED, THE DLA COMMERCIAL AND GOVERNMENT ENTITY

(CAGE) BRANCH WILL ASSIGN A CAGE CODE AS A PART OF THE SAM REGISTRATION PROCESS.

SAM REGISTRANTS LOCATED OUTSIDE THE UNITED STATES AND ITS OUTLYING AREAS SHALL

OBTAIN A NCAGE CODE PRIOR TO REGISTRATION IN SAM (SEE PARAGRAPH (C)(3) OF THIS

PROVISION).

(2) THE DLA CONTRACTOR AND GOVERNMENT ENTITY (CAGE) BRANCH. IF REGISTRATION

IN SAM IS NOT REQUIRED FOR THE SUBJECT PROCUREMENT, AND THE OFFEROR DOES NOT

OTHERWISE REGISTER IN SAM, AN OFFEROR LOCATED IN THE UNITED STATES OR ITS OUTLYING

AREAS MAY REQUEST THAT A CAGE CODE BE ASSIGNED BY SUBMITTING A REQUEST

AT HTTPS://CAGE.DLA.MIL.

(3) THE APPROPRIATE COUNTRY CODIFICATION BUREAU. ENTITIES LOCATED OUTSIDE THE

UNITED STATES AND ITS OUTLYING AREAS MAY OBTAIN AN NCAGE CODE BY CONTACTING THE

CODIFICATION BUREAU IN THE FOREIGN ENTITY'S COUNTRY IF THAT COUNTRY IS A MEMBER

OF NATO OR A SPONSORED NATION. NCAGE CODES MAY BE OBTAINED FROM THE NSPA

AT HTTPS://EPORTAL.NSPA.NATO.INT/AC135PUBLIC/SCAGE/CAGELIST.ASPX IF THE FOREIGN

ENTITY’S COUNTRY IS NOT A MEMBER OF NATO OR A SPONSORED NATION. POINTS OF

CONTACT FOR CODIFICATION BUREAUS, AS WELL AS ADDITIONAL INFORMATION ON

OBTAINING NCAGE CODES, ARE AVAILABLE AT

HTTP://WWW.NATO.INT/STRUCTUR/AC/135/MAIN/LINKS/CONTACTS.HTM.

(D) ADDITIONAL GUIDANCE FOR ESTABLISHING AND MAINTAINING CAGE CODES IS

AVAILABLE AT HTTPS://CAGE.DLA.MIL.

(E) WHEN A CAGE CODE IS REQUIRED FOR THE IMMEDIATE OWNER AND/OR THE HIGHEST‐

LEVEL OWNER BY

FEDERAL ACQUISITION REGULATION (FAR) 52.204‐17 OR 52.212‐3(P), THE OFFEROR SHALL

OBTAIN THE RESPECTIVE CAGE CODE FROM THAT ENTITY TO SUPPLY THE CAGE CODE TO THE

GOVERNMENT.

(F) DO NOT DELAY SUBMISSION OF THE OFFER PENDING RECEIPT OF A CAGE CODE.

(G) IF THE SOLICITATION INCLUDES FAR CLAUSE 52.204‐2, SECURITY REQUIREMENTS, A

SUBCONTRACTOR REQUIRING ACCESS TO CLASSIFIED INFORMATION UNDER A CONTRACT

SHALL BE IDENTIFIED WITH A CAGE CODE ON THE DD FORM 254. THE CONTRACTOR SHALL

REQUIRE A SUBCONTRACTOR REQUIRING ACCESS TO CLASSIFIED INFORMATION TO PROVIDE

ITS CAGE CODE WITH ITS NAME AND LOCATION ADDRESS OR OTHERWISE INCLUDE IT

PROMINENTLY IN THE PROPOSAL. EACH LOCATION OF SUBCONTRACTOR PERFORMANCE

LISTED ON THE DD FORM 254 IS REQUIRED TO REFLECT A CORRESPONDING UNIQUE CAGE

CODE FOR EACH LISTED LOCATION UNLESS THE WORK IS BEING PERFORMED AT A

GOVERNMENT FACILITY, IN WHICH CASE THE AGENCY LOCATION

CODE SHALL BE USED. THE CAGE CODE MUST BE FOR THAT NAME AND LOCATION ADDRESS.

INSERT THE WORD "CAGE" BEFORE THE NUMBER. THE CAGE CODE IS REQUIRED PRIOR TO

AWARD.

(END OF PROVISION)

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

(A) DEFINITION. AS USED IN THIS CLAUSE–

COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE MEANS–

(1) AN IDENTIFIER ASSIGNED TO ENTITIES LOCATED IN THE UNITED STATES OR ITS

OUTLYING AREAS BY THE DEFENSE LOGISTICS AGENCY (DLA) COMMERCIAL AND GOVERNMENT

ENTITY (CAGE) BRANCH TO IDENTIFY A COMMERCIAL OR GOVERNMENT ENTITY BY UNIQUE

LOCATION; OR

(2) AN IDENTIFIER ASSIGNED BY A MEMBER OF THE NORTH ATLANTIC TREATY

ORGANIZATION (NATO) OR BY THE NATO SUPPORT AND PROCUREMENT AGENCY (NSPA) TO

ENTITIES LOCATED OUTSIDE THE UNITED STATES AND ITS OUTLYING

AREAS THAT THE DLA COMMERCIAL AND GOVERNMENT ENTITY (CAGE) BRANCH RECORDS AND

MAINTAINS IN THE CAGE MASTER FILE. THIS TYPE OF CODE IS KNOWN AS A NATO CAGE

(NCAGE) CODE.

(B) CONTRACTORS SHALL ENSURE THAT THE CAGE CODE IS MAINTAINED THROUGHOUT

THE LIFE OF THE CONTRACT FOR EACH LOCATION OF CONTRACT, INCLUDING SUBCONTRACT,

PERFORMANCE. FOR CONTRACTORS REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT

(SAM), THE DLA COMMERCIAL AND GOVERNMENT ENTITY (CAGE) BRANCH SHALL ONLY

MODIFY DATA RECEIVED FROM SAM IN THE CAGE MASTER FILE IF THE CONTRACTOR INITIATES

THOSE CHANGES VIA UPDATE OF ITS SAM REGISTRATION. CONTRACTORS UNDERGOING A

NOVATION OR CHANGE‐OF‐NAME AGREEMENT SHALL NOTIFY THE CONTRACTING OFFICER IN

ACCORDANCE WITH SUBPART 42.12. THE CONTRACTOR SHALL COMMUNICATE ANY CHANGE

TO THE CAGE CODE TO THE CONTRACTING

OFFICER WITHIN 30 DAYS AFTER THE CHANGE, SO THAT A MODIFICATION CAN BE ISSUED TO

UPDATE THE CAGE CODE ON THE CONTRACT.

(C) CONTRACTORS LOCATED IN THE UNITED STATES OR ITS OUTLYING AREAS THAT ARE

NOT REGISTERED IN SAM SHALL SUBMIT WRITTEN CHANGE REQUESTS TO THE DLA

COMMERCIAL AND GOVERNMENT ENTITY (CAGE) BRANCH. REQUESTS FOR

CHANGES SHALL BE PROVIDED AT HTTPS://CAGE.DLA.MIL. CHANGE REQUESTS TO THE CAGE

MASTER FILE ARE ACCEPTED FROM THE ENTITY IDENTIFIED BY THE CODE.

(D) CONTRACTORS LOCATED OUTSIDE THE UNITED STATES AND ITS OUTLYING AREAS THAT

ARE NOT REGISTERED IN SAM SHALL CONTACT THE APPROPRIATE NATIONAL CODIFICATION

BUREAU (POINTS OF CONTACT AVAILABLE

AT HTTP://WWW.NATO.INT/STRUCTUR/AC/135/MAIN/LINKS/CONTACTS.HTM) OR NSPA

AT HTTPS://EPORTAL.NSPA.NATO.INT/AC135PUBLIC/SCAGE/CAGELIST.ASPX TO REQUEST CAGE

CHANGES.

(E) ADDITIONAL GUIDANCE FOR MAINTAINING CAGE CODES IS AVAILABLE AT

HTTPS://CAGE.DLA.MIL.

(F) IF THE CONTRACT INCLUDES FEDERAL ACQUISITION REGULATION CLAUSE 52.204‐2,

SECURITY REQUIREMENTS, THE CONTRACTOR SHALL ENSURE THAT SUBCONTRACTORS

MAINTAIN THEIR CAGE CODE(S) THROUGHOUT THE LIFE OF THE CONTRACT.

(END OF CLAUSE)

FAR 52.204‐24 REPRESENTING REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

THE OFFEROR SHALL NOT COMPLETE THE REPRESENTATION AT PARAGRAPH (D)(1) OF THIS

PROVISION IF THE OFFEROR HAS REPRESENTED THAT IT "DOES NOT PROVIDE COVERED

TELECOMMUNICATIONS EQUIPMENT OR SERVICES AS A PART OF ITS

OFFERED PRODUCTS OR SERVICES TO THE GOVERNMENT IN THE PERFORMANCE OF ANY

CONTRACT, SUBCONTRACT, OR OTHER CONTRACTUAL INSTRUMENT" IN PARAGRAPH (C)(1) IN

THE PROVISION AT 52.204‐26, COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION, OR IN PARAGRAPH (V)(2)(I) OF THE PROVISION AT 52.212‐3, OFFEROR

REPRESENTATIONS AND CERTIFICATIONS‐COMMERCIAL PRODUCTS OR COMMERCIAL

SERVICES. THE OFFEROR SHALL NOT COMPLETE THE REPRESENTATION IN PARAGRAPH (D)(2)

OF THIS PROVISION IF THE OFFEROR HAS REPRESENTED THAT IT "DOES NOT USE COVERED

TELECOMMUNICATIONS EQUIPMENT OR SERVICES, OR ANY EQUIPMENT, SYSTEM, OR SERVICE

THAT USES COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES" IN PARAGRAPH (C)(2)

OF THE PROVISION AT 52.204‐26, OR IN PARAGRAPH (V)(2)(II) OF THE PROVISION AT 52.212‐3.

(A) DEFINITIONS. AS USED IN THIS PROVISION—

BACKHAUL, COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES, CRITICAL

TECHNOLOGY, INTERCONNECTION ARRANGEMENTS, REASONABLE INQUIRY, ROAMING, AND

SUBSTANTIAL OR ESSENTIAL COMPONENT HAVE THE MEANINGS PROVIDED IN THE CLAUSE

52.204‐25, PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT.

(B) PROHIBITION.

(1) SECTION 889(A)(1)(A) OF THE JOHN S. MCCAIN NATIONAL DEFENSE AUTHORIZATION

ACT FOR FISCAL YEAR 2019 (PUB. L. 115‐232) PROHIBITS THE HEAD OF AN EXECUTIVE AGENCY

ON OR AFTER AUGUST 13, 2019, FROM PROCURING OR OBTAINING, OR EXTENDING OR

RENEWING A CONTRACT TO PROCURE OR OBTAIN, ANY EQUIPMENT, SYSTEM, OR SERVICE

THAT USES COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES AS A SUBSTANTIAL OR

ESSENTIAL COMPONENT OF ANY SYSTEM, OR AS CRITICAL TECHNOLOGY AS PART OF ANY

SYSTEM. NOTHING IN THE PROHIBITION SHALL BE CONSTRUED TO—

(I) PROHIBIT THE HEAD OF AN EXECUTIVE AGENCY FROM PROCURING WITH AN ENTITY TO

PROVIDE A SERVICE THAT CONNECTS TO THE FACILITIES OF A THIRD‐PARTY, SUCH AS

BACKHAUL, ROAMING, OR INTERCONNECTION ARRANGEMENTS; OR

(II) COVER TELECOMMUNICATIONS EQUIPMENT THAT CANNOT ROUTE OR REDIRECT USER

DATA TRAFFIC OR CANNOT PERMIT VISIBILITY INTO ANY USER DATA OR PACKETS THAT SUCH

EQUIPMENT TRANSMITS OR OTHERWISE HANDLES.

(2) SECTION 889(A)(1)(B) OF THE JOHN S. MCCAIN NATIONAL DEFENSE AUTHORIZATION

ACT FOR FISCAL YEAR 2019 (PUB. L. 115‐232) PROHIBITS THE HEAD OF AN EXECUTIVE AGENCY

ON OR AFTER AUGUST 13, 2020, FROM ENTERING INTO A CONTRACT OR EXTENDING OR

RENEWING A CONTRACT WITH AN ENTITY THAT USES ANY EQUIPMENT, SYSTEM, OR SERVICE

THAT USES COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES AS A SUBSTANTIAL OR

ESSENTIAL COMPONENT OF ANY SYSTEM, OR AS CRITICAL TECHNOLOGY AS PART OF ANY

SYSTEM. THIS PROHIBITION APPLIES TO THE USE OF COVERED TELECOMMUNICATIONS

EQUIPMENT OR SERVICES, REGARDLESS OF WHETHER THAT USE IS IN PERFORMANCE OF WORK

UNDER A FEDERAL CONTRACT. NOTHING IN THE PROHIBITION SHALL BE CONSTRUED TO—

(I) PROHIBIT THE HEAD OF AN EXECUTIVE AGENCY FROM PROCURING WITH AN ENTITY TO

PROVIDE A SERVICE THAT CONNECTS TO THE FACILITIES OF A THIRD‐PARTY, SUCH AS

BACKHAUL, ROAMING, OR INTERCONNECTION ARRANGEMENTS; OR

(II) COVER TELECOMMUNICATIONS EQUIPMENT THAT CANNOT ROUTE OR REDIRECT USER

DATA TRAFFIC OR CANNOT PERMIT VISIBILITY INTO ANY USER DATA OR PACKETS THAT SUCH

EQUIPMENT TRANSMITS OR OTHERWISE HANDLES.

(C) PROCEDURES. THE OFFEROR SHALL REVIEW THE LIST OF EXCLUDED PARTIES IN THE

SYSTEM FOR AWARD MANAGEMENT (SAM) ( HTTPS://WWW.SAM.GOV) FOR ENTITIES

EXCLUDED FROM RECEIVING FEDERAL AWARDS FOR "COVERED TELECOMMUNICATIONS

EQUIPMENT OR SERVICES".

(D) REPRESENTATION. THE OFFEROR REPRESENTS THAT—

(1) IT □ WILL, □ WILL NOT PROVIDE COVERED TELECOMMUNICATIONS EQUIPMENT OR

SERVICES TO THE GOVERNMENT IN THE PERFORMANCE OF ANY CONTRACT, SUBCONTRACT OR

OTHER CONTRACTUAL INSTRUMENT RESULTING FROM THIS SOLICITATION.

THE OFFEROR SHALL PROVIDE THE ADDITIONAL DISCLOSURE INFORMATION REQUIRED AT

PARAGRAPH (E)(1) OF THIS SECTION IF THE OFFEROR RESPONDS "WILL" IN PARAGRAPH (D)(1)

OF THIS SECTION; AND

(2) AFTER CONDUCTING A REASONABLE INQUIRY, FOR PURPOSES OF THIS

REPRESENTATION, THE OFFEROR REPRESENTS THAT— IT □ DOES, □ DOES NOT USE COVERED

TELECOMMUNICATIONS EQUIPMENT OR SERVICES, OR USE ANY EQUIPMENT,

SYSTEM, OR SERVICE THAT USES COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES.

THE OFFEROR SHALL PROVIDE THE ADDITIONAL DISCLOSURE INFORMATION REQUIRED AT

PARAGRAPH (E)(2) OF THIS SECTION IF THE OFFEROR RESPONDS "DOES" IN PARAGRAPH (D)(2)

OF THIS SECTION.

(E) DISCLOSURES.

(1) DISCLOSURE FOR THE REPRESENTATION IN PARAGRAPH (D)(1) OF THIS PROVISION. IF

THE OFFEROR HAS RESPONDED "WILL" IN THE REPRESENTATION IN PARAGRAPH (D)(1) OF THIS

PROVISION, THE OFFEROR SHALL PROVIDE THE FOLLOWING INFORMATION AS PART OF THE

OFFER:

(I) FOR COVERED EQUIPMENT—

(A) THE ENTITY THAT PRODUCED THE COVERED TELECOMMUNICATIONS EQUIPMENT

(INCLUDE ENTITY

NAME, UNIQUE ENTITY IDENTIFIER, CAGE CODE, AND WHETHER THE ENTITY WAS THE

ORIGINAL EQUIPMENT MANUFACTURER (OEM) OR A DISTRIBUTOR, IF KNOWN);

(B) A DESCRIPTION OF ALL COVERED TELECOMMUNICATIONS EQUIPMENT OFFERED

(INCLUDE BRAND; MODEL NUMBER, SUCH AS OEM NUMBER, MANUFACTURER PART NUMBER,

OR WHOLESALER NUMBER; AND ITEM DESCRIPTION, AS APPLICABLE); AND

(C) EXPLANATION OF THE PROPOSED USE OF COVERED TELECOMMUNICATIONS

EQUIPMENT AND ANY FACTORS RELEVANT TO DETERMINING IF SUCH USE WOULD BE

PERMISSIBLE UNDER THE PROHIBITION IN PARAGRAPH (B)(1) OF THIS PROVISION.

(II) FOR COVERED SERVICES—

(A) IF THE SERVICE IS RELATED TO ITEM MAINTENANCE: A DESCRIPTION OF ALL COVERED

TELECOMMUNICATIONS SERVICES OFFERED (INCLUDE ON THE ITEM BEING MAINTAINED:

BRAND; MODEL NUMBER, SUCH AS OEM NUMBER, MANUFACTURER PART NUMBER, OR

WHOLESALER NUMBER; AND ITEM DESCRIPTION, AS APPLICABLE); OR

(B) IF NOT ASSOCIATED WITH MAINTENANCE, THE PRODUCT SERVICE CODE (PSC) OF THE

SERVICE BEING PROVIDED; AND EXPLANATION OF THE PROPOSED USE OF COVERED

TELECOMMUNICATIONS SERVICES AND ANY FACTORS RELEVANT TO DETERMINING IF SUCH

USE WOULD BE PERMISSIBLE UNDER THE PROHIBITION IN PARAGRAPH (B)(1) OF THIS

PROVISION.

(2) DISCLOSURE FOR THE REPRESENTATION IN PARAGRAPH (D)(2) OF THIS PROVISION. IF

THE OFFEROR HAS RESPONDED "DOES" IN THE REPRESENTATION IN PARAGRAPH (D)(2) OF THIS

PROVISION, THE OFFEROR SHALL PROVIDE THE FOLLOWING INFORMATION AS PART OF THE

OFFER:

(I) FOR COVERED EQUIPMENT—

(A) THE ENTITY THAT PRODUCED THE COVERED TELECOMMUNICATIONS EQUIPMENT

(INCLUDE ENTITY NAME, UNIQUE ENTITY IDENTIFIER, CAGE CODE, AND WHETHER THE ENTITY

WAS THE OEM OR A DISTRIBUTOR, IF KNOWN);

(B) A DESCRIPTION OF ALL COVERED TELECOMMUNICATIONS EQUIPMENT OFFERED

(INCLUDE BRAND; MODEL NUMBER, SUCH AS OEM NUMBER, MANUFACTURER PART NUMBER,

OR WHOLESALER NUMBER; AND ITEM DESCRIPTION, AS APPLICABLE); AND

(C) EXPLANATION OF THE PROPOSED USE OF COVERED TELECOMMUNICATIONS

EQUIPMENT AND ANY FACTORS RELEVANT TO DETERMINING IF SUCH USE WOULD BE

PERMISSIBLE UNDER THE PROHIBITION IN PARAGRAPH (B)(2) OF THIS PROVISION.

(II) FOR COVERED SERVICES—

(A) IF THE SERVICE IS RELATED TO ITEM MAINTENANCE: A DESCRIPTION OF ALL COVERED

TELECOMMUNICATIONS SERVICES OFFERED (INCLUDE ON THE ITEM BEING MAINTAINED:

BRAND; MODEL NUMBER, SUCH AS OEM NUMBER, MANUFACTURER PART NUMBER, OR

WHOLESALER NUMBER; AND ITEM DESCRIPTION, AS APPLICABLE); OR

(B) IF NOT ASSOCIATED WITH MAINTENANCE, THE PSC OF THE SERVICE BEING PROVIDED;

AND EXPLANATION OF THE PROPOSED USE OF COVERED TELECOMMUNICATIONS SERVICES

AND ANY FACTORS RELEVANT TO DETERMINING IF SUCH USE WOULD BE PERMISSIBLE UNDER

THE PROHIBITION IN PARAGRAPH (B)(2) OF THIS PROVISION.

FAR 52.204‐26 COVED 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) (1) REPRESENTATION. 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.

(END OF PROVISION)

FAR 52.212‐1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (MAR 2023)

(A) NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL

BUSINESS SIZE STANDARD. THE NAICS CODE(S) AND SMALL BUSINESS SIZE STANDARD(S) FOR THIS ACQUISITION APPEAR ELSEWHERE IN THE SOLICITATION. HOWEVER, THE SMALL BUSINESS

SIZE STANDARD FOR A CONCERN THAT SUBMITS AN OFFER, OTHER THAN ON A CONSTRUCTION

OR SERVICE ACQUISITION, BUT PROPOSES TO FURNISH AN END ITEM THAT IT DID NOT ITSELF

MANUFACTURE, PROCESS, OR PRODUCE IS 500 EMPLOYEES, OR 150 EMPLOYEES FOR

INFORMATION TECHNOLOGY VALUE‐ADDED RESELLERS UNDER NAICS CODE 541519 IF THE

ACQUISITION—

(1) IS SET ASIDE FOR SMALL BUSINESS AND HAS A VALUE ABOVE THE SIMPLIFIED

ACQUISITION THRESHOLD;

(2) USES THE HUBZONE PRICE EVALUATION PREFERENCE REGARDLESS OF DOLLAR VALUE,

UNLESS THE OFFEROR WAIVES THE PRICE EVALUATION PREFERENCE; OR

(3) IS AN 8(A), HUBZONE, SERVICE‐DISABLED VETERAN‐OWNED, ECONOMICALLY

DISADVANTAGED WOMEN‐OWNED, OR WOMEN‐OWNED SMALL BUSINESS SET‐ASIDE OR

SOLE‐SOURCE AWARD REGARDLESS OF DOLLAR VALUE.

(B) SUBMISSION OF OFFERS. SUBMIT SIGNED AND DATED OFFERS TO THE OFFICE SPECIFIED

IN THIS SOLICITATION AT OR BEFORE THE EXACT TIME SPECIFIED IN THIS SOLICITATION. OFFERS MAY BE SUBMITTED ON THE SF 1449, LETTERHEAD STATIONERY, OR AS OTHERWISE SPECIFIED

IN THE SOLICITATION. AS A MINIMUM, OFFERS MUST SHOW—

(1) THE SOLICITATION NUMBER;

(2) THE TIME SPECIFIED IN THE SOLICITATION FOR RECEIPT OF OFFERS;

(3) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE OFFEROR;

(4) A TECHNICAL DESCRIPTION OF THE ITEMS BEING OFFERED IN SUFFICIENT DETAIL TO

EVALUATE COMPLIANCE WITH THE REQUIREMENTS IN THE SOLICITATION. THIS MAY INCLUDE

PRODUCT LITERATURE, OR OTHER DOCUMENTS, IF NECESSARY;

(5) TERMS OF ANY EXPRESS WARRANTY;

(6) PRICE AND ANY DISCOUNT TERMS;

(7) "REMIT TO" ADDRESS, IF DIFFERENT THAN MAILING ADDRESS;

(8) A COMPLETED COPY OF THE REPRESENTATIONS AND CERTIFICATIONS AT FEDERAL

ACQUISITION REGULATION (FAR) 52.212‐3 (SEE FAR 52.212‐3(B) FOR THOSE REPRESENTATIONS

AND CERTIFICATIONS THAT THE OFFEROR SHALL COMPLETE ELECTRONICALLY);

(9) ACKNOWLEDGMENT OF SOLICITATION AMENDMENTS;

(10) PAST PERFORMANCE INFORMATION, WHEN INCLUDED AS AN EVALUATION FACTOR, TO

INCLUDE RECENT AND RELEVANT CONTRACTS FOR THE SAME OR SIMILAR ITEMS AND OTHER

REFERENCES (INCLUDING CONTRACT NUMBERS, POINTS OF CONTACT WITH TELEPHONE

NUMBERS AND OTHER RELEVANT INFORMATION); AND

(11) IF THE OFFER IS NOT SUBMITTED ON THE SF 1449, INCLUDE A STATEMENT SPECIFYING

THE EXTENT OF AGREEMENT WITH ALL TERMS, CONDITIONS, AND PROVISIONS INCLUDED IN

THE SOLICITATION. OFFERS THAT FAIL TO FURNISH REQUIRED REPRESENTATIONS OR

INFORMATION, OR REJECT THE TERMS AND CONDITIONS OF THE SOLICITATION MAY BE

EXCLUDED FROM CONSIDERATION.

(C) PERIOD FOR ACCEPTANCE OF OFFERS. THE OFFEROR AGREES TO HOLD THE PRICES IN

ITS OFFER FIRM FOR 30 CALENDAR DAYS FROM THE DATE SPECIFIED FOR RECEIPT OF OFFERS, UNLESS ANOTHER TIME PERIOD IS SPECIFIED IN AN ADDENDUM TO

THE SOLICITATION.

(D) PRODUCT SAMPLES. WHEN REQUIRED BY THE SOLICITATION, PRODUCT SAMPLES SHALL

BE SUBMITTED AT OR PRIOR TO THE TIME SPECIFIED FOR RECEIPT OF OFFERS. UNLESS

OTHERWISE SPECIFIED IN THIS SOLICITATION, THESE SAMPLES SHALL BE SUBMITTED AT NO

EXPENSE TO THE GOVERNMENT, AND RETURNED AT THE SENDER’S REQUEST AND EXPENSE,

UNLESS THEY ARE DESTROYED DURING PREAWARD TESTING.

(E) MULTIPLE OFFERS. OFFERORS ARE ENCOURAGED TO SUBMIT MULTIPLE OFFERS

PRESENTING ALTERNATIVE TERMS AND CONDITIONS, INCLUDING ALTERNATIVE LINE ITEMS

(PROVIDED THAT THE ALTERNATIVE LINE ITEMS ARE CONSISTENT WITH

FAR SUBPART 4.10), OR ALTERNATIVE COMMERCIAL PRODUCTS OR COMMERCIAL SERVICES

FOR SATISFYING THE REQUIREMENTS OF THIS SOLICITATION. EACH OFFER SUBMITTED WILL BE

EVALUATED SEPARATELY.

(F) LATE SUBMISSIONS, MODIFICATIONS, REVISIONS, AND WITHDRAWALS OF OFFERS.

(1) OFFERORS ARE RESPONSIBLE FOR SUBMITTING OFFERS, AND ANY MODIFICATIONS,

REVISIONS, OR WITHDRAWALS, SO AS TO REACH THE GOVERNMENT OFFICE DESIGNATED IN

THE SOLICITATION BY THE TIME SPECIFIED IN THE SOLICITATION. IF NO TIME IS SPECIFIED IN THE SOLICITATION, THE TIME FOR RECEIPT IS 4:30 P.M., LOCAL TIME, FOR THE DESIGNATED

GOVERNMENT OFFICE ON THE DATE

THAT OFFERS OR REVISIONS ARE DUE.

(2)

(I) ANY OFFER, MODIFICATION, REVISION, OR WITHDRAWAL OF AN OFFER RECEIVED AT

THE GOVERNMENT OFFICE DESIGNATED IN THE SOLICITATION AFTER THE EXACT TIME

SPECIFIED FOR RECEIPT OF OFFERS IS "LATE" AND WILL NOT BE CONSIDERED UNLESS IT IS

RECEIVED BEFORE AWARD IS MADE, THE CONTRACTING OFFICER DETERMINES THAT

ACCEPTING THE LATE OFFER WOULD NOT UNDULY DELAY THE ACQUISITION; AND‐

(A) IF IT WAS TRANSMITTED THROUGH AN ELECTRONIC COMMERCE METHOD AUTHORIZED

BY THE SOLICITATION, IT WAS RECEIVED AT THE INITIAL POINT OF ENTRY TO THE

GOVERNMENT INFRASTRUCTURE NOT LATER THAN 5:00 P.M. ONE

WORKING DAY PRIOR TO THE DATE SPECIFIED FOR RECEIPT OF OFFERS; OR

(B) THERE IS ACCEPTABLE EVIDENCE TO ESTABLISH THAT IT WAS RECEIVED AT THE

GOVERNMENT INSTALLATION DESIGNATED FOR RECEIPT OF OFFERS AND WAS UNDER THE

GOVERNMENT’S CONTROL PRIOR TO THE TIME SET FOR RECEIPT OF OFFERS; OR

(C) IF THIS SOLICITATION IS A REQUEST FOR PROPOSALS, IT WAS THE ONLY PROPOSAL

RECEIVED.

(II) HOWEVER, A LATE MODIFICATION OF AN OTHERWISE SUCCESSFUL OFFER, THAT MAKES

ITS TERMS MORE FAVORABLE TO THE GOVERNMENT, WILL BE CONSIDERED AT ANY TIME IT IS

RECEIVED AND MAY BE ACCEPTED.

(3) ACCEPTABLE EVIDENCE TO ESTABLISH THE TIME OF RECEIPT AT THE GOVERNMENT

INSTALLATION INCLUDES THE TIME/DATE STAMP OF THAT INSTALLATION ON THE OFFER

WRAPPER, OTHER DOCUMENTARY EVIDENCE OF RECEIPT MAINTAINED BY THE INSTALLATION,

OR ORAL TESTIMONY OR STATEMENTS OF GOVERNMENT PERSONNEL.

(4) IF AN EMERGENCY OR UNANTICIPATED EVENT INTERRUPTS NORMAL GOVERNMENT

PROCESSES SO THAT OFFERS CANNOT BE RECEIVED AT THE GOVERNMENT OFFICE DESIGNATED

FOR RECEIPT OF OFFERS BY THE EXACT TIME SPECIFIED IN THE SOLICITATION, AND URGENT

GOVERNMENT REQUIREMENTS PRECLUDE AMENDMENT OF THE SOLICITATION OR OTHER

NOTICE OF AN EXTENSION OF THE CLOSING DATE, THE TIME SPECIFIED FOR RECEIPT OF OFFERS WILL BE DEEMED TO BE EXTENDED TO THE SAME TIME OF DAY SPECIFIED IN THE SOLICITATION

ON THE FIRST WORK DAY ON WHICH NORMAL GOVERNMENT PROCESSES RESUME.

(5) OFFERS MAY BE WITHDRAWN BY WRITTEN NOTICE RECEIVED AT ANY TIME BEFORE THE

EXACT TIME SET FOR RECEIPT OF OFFERS. ORAL OFFERS IN RESPONSE TO ORAL SOLICITATIONS

MAY BE WITHDRAWN ORALLY. IF THE SOLICITATION AUTHORIZES FACSIMILE OFFERS, OFFERS

MAY BE WITHDRAWN VIA FACSIMILE RECEIVED AT ANY TIME BEFORE THE EXACT TIME SET FOR

RECEIPT OF OFFERS, SUBJECT TO THE CONDITIONS SPECIFIED IN THE SOLICITATION

CONCERNING FACSIMILE OFFERS. AN OFFER MAY BE WITHDRAWN IN PERSON BY AN OFFEROR

OR ITS AUTHORIZED REPRESENTATIVE IF, BEFORE THE EXACT TIME SET FOR RECEIPT OF

OFFERS, THE IDENTITY OF THE PERSON REQUESTING WITHDRAWAL IS ESTABLISHED AND THE

PERSON SIGNS A RECEIPT FOR THE OFFER.

(G) CONTRACT AWARD (NOT APPLICABLE TO INVITATION FOR BIDS). THE GOVERNMENT

INTENDS TO EVALUATE OFFERS AND AWARD A CONTRACT WITHOUT DISCUSSIONS WITH

OFFERORS. THEREFORE, THE OFFEROR’S INITIAL OFFER SHOULD CONTAIN THE OFFEROR’S BEST

TERMS FROM A PRICE AND TECHNICAL STANDPOINT. HOWEVER, THE GOVERNMENT RESERVES

THE RIGHT TO CONDUCT DISCUSSIONS IF LATER DETERMINED BY THE CONTRACTING OFFICER

TO BE NECESSARY. THE GOVERNMENT MAY REJECT ANY OR ALL OFFERS IF SUCH ACTION IS IN

THE PUBLIC INTEREST; ACCEPT OTHER THAN THE LOWEST OFFER; AND WAIVE INFORMALITIES

AND MINOR IRREGULARITIES

IN OFFERS RECEIVED.

(H) MULTIPLE AWARDS. THE GOVERNMENT MAY ACCEPT ANY ITEM OR GROUP OF ITEMS

OF AN OFFER, UNLESS

THE OFFEROR QUALIFIES THE OFFER BY SPECIFIC LIMITATIONS. UNLESS OTHERWISE PROVIDED

IN THE SCHEDULE, OFFERS MAY NOT BE SUBMITTED FOR QUANTITIES LESS THAN THOSE

SPECIFIED. THE GOVERNMENT RESERVES THE RIGHT TO MAKE AN AWARD ON ANY ITEM FOR A

QUANTITY LESS THAN THE QUANTITY OFFERED, AT THE UNIT PRICES OFFERED, UNLESS THE

OFFEROR SPECIFIES OTHERWISE IN

THE OFFER.

(I) AVAILABILITY OF REQUIREMENTS DOCUMENTS CITED IN THE SOLICITATION. (1)

(I) THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM

DESCRIPTIONS, FPMR PART 101‐29, AND COPIES OF SPECIFICATIONS, STANDARDS, AND

COMMERCIAL ITEM DESCRIPTIONS CITED IN THIS SOLICITATION MAY BE OBTAINED FOR A FEE

BY SUBMITTING A REQUEST TO‐

GSA FEDERAL SUPPLY SERVICE SPECIFICATIONS SECTION SUITE 8100 470 EAST L’ENFANT PLAZA, SW WASHINGTON, DC 20407

TELEPHONE (202) 619‐8925

FACSIMILE (202) 619‐8978.

(II) IF THE GENERAL SERVICES ADMINISTRATION, DEPARTMENT OF AGRICULTURE, OR

DEPARTMENT OF VETERANS AFFAIRS ISSUED THIS SOLICITATION, A SINGLE COPY OF

SPECIFICATIONS, STANDARDS, AND COMMERCIAL ITEM DESCRIPTIONS CITED IN THIS

SOLICITATION MAY BE OBTAINED FREE OF CHARGE BY SUBMITTING A REQUEST TO THE

ADDRESSEE IN PARAGRAPH (I)(1)(I) OF THIS PROVISION. ADDITIONAL COPIES WILL BE ISSUED

FOR A FEE.

(2) MOST UNCLASSIFIED DEFENSE SPECIFICATIONS AND STANDARDS MAY BE

DOWNLOADED FROM THE FOLLOWING ASSIST WEBSITES:

(I) ASSIST ( HTTPS://ASSIST.DLA.MIL/ONLINE/START/).

(II) QUICK SEARCH ( HTTP://QUICKSEARCH.DLA.MIL/).

(3) DOCUMENTS NOT AVAILABLE FROM ASSIST MAY BE ORDERED FROM THE DEPARTMENT

OF DEFENSE SINGLE STOCK POINT (DODSSP) BY‐

(I) USING THE ASSIST SHOPPING WIZARD ( HTTPS://ASSIST.DLA.MIL/WIZARD/INDEX.CFM);

(II) PHONING THE DODSSP CUSTOMER SERVICE DESK (215) 697‐2179, MON‐FRI, 0730 TO

1600 EST; OR

(III) ORDERING FROM DODSSP, BUILDING 4, SECTION D, 700 ROBBINS AVENUE,

PHILADELPHIA, PA 19111‐ 5094, TELEPHONE (215) 697‐2667/2179, FACSIMILE (215) 697‐1462.

(4) NONGOVERNMENT (VOLUNTARY) STANDARDS MUST BE OBTAINED FROM THE

ORGANIZATION RESPONSIBLE FOR THEIR PREPARATION, PUBLICATION, OR MAINTENANCE.

(J) UNIQUE ENTITY IDENTIFIER.(APPLIES TO ALL OFFERS THAT EXCEED THE MICRO‐

PURCHASE THRESHOLD, AND OFFERS AT OR BELOW THE MICRO‐PURCHASE THRESHOLD IF THE

SOLICITATION REQUIRES THE CONTRACTOR TO BE REGISTERED IN THE SYSTEM FOR AWARD

MANAGEMENT (SAM).) THE OFFEROR SHALL ENTER, IN THE BLOCK WITH ITS NAME AND

ADDRESS ON THE COVER PAGE OF ITS OFFER, THE ANNOTATION "UNIQUE ENTITY IDENTIFIER"

FOLLOWED BY THE UNIQUE ENTITY IDENTIFIER THAT IDENTIFIES

THE OFFEROR'S NAME AND ADDRESS. THE OFFEROR ALSO SHALL ENTER ITS ELECTRONIC FUNDS TRANSFER (EFT) INDICATOR, IF APPLICABLE. THE EFT INDICATOR IS A FOUR‐CHARACTER SUFFIX

TO THE UNIQUE ENTITY IDENTIFIER. THE SUFFIX IS ASSIGNED AT THE DISCRETION OF THE

OFFEROR TO ESTABLISH ADDITIONAL SAM RECORDS FOR IDENTIFYING ALTERNATIVE EFT

ACCOUNTS (SEE

FAR SUBPART 32.11) FOR THE SAME ENTITY. IF THE OFFEROR DOES NOT HAVE A UNIQUE

ENTITY IDENTIFIER, IT SHOULD CONTACT THE ENTITY DESIGNATED AT WWW.SAM.GOV FOR

UNIQUE ENTITY IDENTIFIER ESTABLISHMENT DIRECTLY TO OBTAIN ONE.

THE OFFEROR SHOULD INDICATE THAT IT IS AN OFFEROR FOR A GOVERNMENT CONTRACT

WHEN CONTACTING THE ENTITY DESIGNATED AT WWW.SAM.GOV FOR ESTABLISHING THE

UNIQUE ENTITY IDENTIFIER.

(K) [RESERVED]

(L) DEBRIEFING. IF A POST‐AWARD DEBRIEFING IS GIVEN TO REQUESTING OFFERORS, THE

GOVERNMENT SHALL DISCLOSE THE FOLLOWING INFORMATION, IF APPLICABLE:

(1) THE AGENCY’S EVALUATION OF THE SIGNIFICANT WEAK OR DEFICIENT FACTORS IN THE

DEBRIEFED OFFEROR’S OFFER.

(2) THE OVERALL EVALUATED COST OR PRICE AND TECHNICAL RATING OF THE SUCCESSFUL

AND THE DEBRIEFED OFFEROR AND PAST PERFORMANCE INFORMATION ON THE DEBRIEFED

OFFEROR.

(3) THE OVERALL RANKING OF ALL OFFERORS, WHEN ANY RANKING WAS DEVELOPED BY

THE AGENCY DURING SOURCE

SELECTION.

(4) A SUMMARY OF THE RATIONALE FOR AWARD;

(5) FOR ACQUISITIONS OF COMMERCIAL PRODUCTS, THE MAKE AND MODEL OF THE

PRODUCT TO BE DELIVERED BY THE SUCCESSFUL OFFEROR.

(6) REASONABLE RESPONSES TO RELEVANT QUESTIONS POSED BY THE DEBRIEFED OFFEROR

AS TO WHETHER SOURCE‐ SELECTION PROCEDURES SET FORTH IN THE SOLICITATION,

APPLICABLE REGULATIONS, AND OTHER APPLICABLE AUTHORITIES WERE FOLLOWED BY THE

AGENCY.

(END OF PROVISION)

FAR 52.212‐2 EVALUATION‐COMMERCIAL ITEMS (NOV 2021)

(A) THE GOVERNMENT WILL AWARD A CONTRACT RESULTING FROM THIS SOLICITATION TO

THE RESPONSIBLE OFFEROR WHOSE OFFER CONFORMING TO THE SOLICITATION WILL BE MOST

ADVANTAGEOUS TO THE GOVERNMENT, PRICE AND OTHER FACTORS CONSIDERED. THE

FOLLOWING FACTORS SHALL BE USED TO EVALUATE OFFERS (AS REFERENCED ON PAGE 3):

FACTOR 1 – TECHNICAL SPECIFICATION FACTOR 2 – DELIVERY DATE

FACTOR 3 – PRICE

ORDER OF IMPORTANCE ‐ FACTOR 1, TECHNICAL SPECIFICATION IS THE MOST IMPORTANT

FACTOR, AND MORE IMPORTANT THAN FACTOR 2, DELIVERY DATE. THE NON‐PRICE FACTORS 1

AND 2 COMBINED ARE MORE IMPORTANT THAN FACTOR 3, PRICE IAW FAR 15.304.

(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.

FAR 52.212‐3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (DEC

2022)

THE OFFEROR SHALL COMPLETE ONLY PARAGRAPH (B) OF THIS PROVISION IF THE OFFEROR

HAS COMPLETED THE ANNUAL REPRESENTATIONS AND CERTIFICATION ELECTRONICALLY IN

THE SYSTEM FOR AWARD MANAGEMENT (SAM) ACCESSED THROUGH

HTTPS://WWW.SAM.GOV. IF THE OFFEROR HAS NOT COMPLETED THE ANNUAL

REPRESENTATIONS AND CERTIFICATIONS ELECTRONICALLY, THE OFFEROR SHALL COMPLETE

ONLY PARAGRAPHS (C) THROUGH (V) OF THIS PROVISION.

(A) DEFINITIONS. AS USED IN THIS PROVISION—

"COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES" HAS THE MEANING PROVIDED

IN THE CLAUSE 52.204‐25, PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT.

ECONOMICALLY DISADVANTAGED WOMEN‐OWNED SMALL BUSINESS (EDWOSB) CONCERN

MEANS A SMALL BUSINESS CONCERN THAT IS AT LEAST 51 PERCENT DIRECTLY AND

UNCONDITIONALLY OWNED BY, AND THE MANAGEMENT AND DAILY BUSINESS OPERATIONS

OF WHICH ARE CONTROLLED BY, ONE OR MORE WOMEN WHO ARE CITIZENS OF THE UNITED

STATES AND WHO ARE ECONOMICALLY DISADVANTAGED IN ACCORDANCE WITH 13 CFR PART

127, AND THE CONCERN IS CERTIFIED BY SBA OR AN APPROVED THIRD‐PARTY CERTIFIER IN

ACCORDANCE WITH 13 CFR 127.300. IT AUTOMATICALLY QUALIFIES AS A WOMEN‐OWNED

SMALL BUSINESS ELIGIBLE UNDER THE WOSB PROGRAM.

FORCED OR INDENTURED CHILD LABOR MEANS ALL WORK OR SERVICE—

(1) EXACTED FROM ANY PERSON UNDER THE AGE OF 18 UNDER THE MENACE OF ANY

PENALTY FOR ITS NONPERFORMANCE AND FOR WHICH THE WORKER DOES NOT OFFER

HIMSELF VOLUNTARILY; OR

(2) PERFORMED BY ANY PERSON UNDER THE AGE OF 18 PURSUANT TO A CONTRACT THE

ENFORCEMENT OF WHICH CAN BE ACCOMPLISHED BY PROCESS OR PENALTIES.

HIGHEST‐LEVEL OWNER MEANS THE ENTITY THAT OWNS OR CONTROLS AN IMMEDIATE

OWNER OF THE OFFEROR, OR THAT OWNS OR CONTROLS ONE OR MORE ENTITIES THAT

CONTROL AN IMMEDIATE OWNER OF THE OFFEROR. NO ENTITY OWNS OR EXERCISES CONTROL

OF THE HIGHEST LEVEL OWNER.

IMMEDIATE OWNER MEANS AN ENTITY, OTHER THAN THE OFFEROR, THAT HAS DIRECT

CONTROL OF THE OFFEROR. INDICATORS OF CONTROL INCLUDE, BUT ARE NOT LIMITED TO,

ONE OR MORE OF THE FOLLOWING: OWNERSHIP OR INTERLOCKING MANAGEMENT, IDENTITY

OF INTERESTS AMONG FAMILY MEMBERS, SHARED FACILITIES AND EQUIPMENT, AND THE

COMMON USE OF EMPLOYEES.

INVERTED DOMESTIC CORPORATION, MEANS A FOREIGN INCORPORATED ENTITY THAT MEETS

THE DEFINITION OF AN INVERTED DOMESTIC CORPORATION UNDER 6 U.S.C. 395(B), APPLIED IN

ACCORDANCE WITH THE RULES AND DEFINITIONS OF 6 U.S.C. 395(C).

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"—

SENSITIVE TECHNOLOGY—

(1) MEANS HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT, OR ANY OTHER

TECHNOLOGY THAT IS TO BE USED SPECIFICALLY—

(I) TO RESTRICT THE FREE FLOW OF UNBIASED INFORMATION IN IRAN; OR

(II) TO DISRUPT, MONITOR, OR OTHERWISE RESTRICT SPEECH OF THE PEOPLE OF IRAN;

AND

(2) DOES NOT INCLUDE INFORMATION OR INFORMATIONAL MATERIALS THE EXPORT OF

WHICH THE PRESIDENT DOES NOT HAVE THE AUTHORITY TO REGULATE OR PROHIBIT

PURSUANT TO SECTION 203(B)(3)OF THE INTERNATIONAL EMERGENCY ECONOMIC POWERS

ACT (50 U.S.C. 1702(B)(3)).

SERVICE‐DISABLED VETERAN‐OWNED SMALL BUSINESS CONCERN—

(1) MEANS A SMALL BUSINESS CONCERN—

(I) NOT LESS THAN 51 PERCENT OF WHICH IS OWNED BY ONE OR MORE SERVICE‐DISABLED

VETERANS OR, IN THE CASE OF ANY PUBLICLY OWNED BUSINESS, NOT LESS THAN 51 PERCENT

OF THE STOCK OF WHICH IS OWNED BY ONE OR MORE SERVICE‐ DISABLED VETERANS; AND

(II) THE MANAGEMENT AND DAILY BUSINESS OPERATIONS OF WHICH ARE CONTROLLED BY

ONE OR MORE SERVICE‐ DISABLED VETERANSOR, 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 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 WITH13 CFR 124.1002, MEANS A

SMALL BUSINESS CONCERN UNDER THE SIZE STANDARD APPLICABLE TO THE ACQUISITION,

THAT—

(1) IS AT LEAST 51 PERCENT UNCONDITIONALLY AND DIRECTLY OWNED (AS DEFINED AT 13

CFR 124.105) BY—

(I) ONE OR MORE SOCIALLY DISADVANTAGED (AS DEFINED AT13 CFR 124.103) AND

ECONOMICALLY DISADVANTAGED (AS DEFINED AT 13 CFR 124.104) INDIVIDUALS WHO ARE

CITIZENS OF THE UNITED STATES; AND

(II) EACH INDIVIDUAL CLAIMING ECONOMIC DISADVANTAGE HAS A NET WORTH NOT

EXCEEDING $750,000 AFTER TAKING INTO ACCOUNT THE APPLICABLE EXCLUSIONS SET FORTH

AT 13 CFR124.104(C)(2); AND

(2) THE MANAGEMENT AND DAILY BUSINESS OPERATIONS OF WHICH ARE CONTROLLED

(AS DEFINED AT 13.CFR 124.106) BY INDIVIDUALS, WHO MEET THE CRITERIA IN PARAGRAPHS

(1)(I) AND (II) OF THIS DEFINITION.

SUBSIDIARY MEANS AN ENTITY IN WHICH MORE THAN 50 PERCENT OF THE ENTITY IS OWNED—

(1) DIRECTLY BY A PARENT CORPORATION; OR

(2) THROUGH ANOTHER SUBSIDIARY OF A PARENT CORPORATION

SUCCESSOR MEANS AN ENTITY THAT HAS REPLACED A PREDECESSOR BY ACQUIRING THE

ASSETS AND CARRYING OUT THE AFFAIRS OF THE PREDECESSOR UNDER A NEW NAME (OFTEN

THROUGH ACQUISITION OR MERGER). THE TERM "SUCCESSOR" DOES NOT INCLUDE NEW

OFFICES/DIVISIONS OF THE SAME COMPANY OR A COMPANY THAT ONLY CHANGES ITS NAME.

THE EXTENT OF THE RESPONSIBILITY OF THE SUCCESSOR FOR THE LIABILITIES OF THE

PREDECESSOR MAY VARY, DEPENDING ON STATE LAW AND SPECIFIC CIRCUMSTANCES.

VETERAN‐OWNED SMALL BUSINESS CONCERN MEANS A SMALL BUSINESS CONCERN—

(1) NOT LESS THAN 51 PERCENT OF WHICH IS OWNED BY ONE OR MORE VETERANS (AS

DEFINED AT 38 U.S.C. 101(2)) OR, IN THE CASE OF ANY PUBLICLY OWNED BUSINESS, NOT LESS

THAN 51 PERCENT OF THE STOCK OF WHICH IS OWNED BY ONE OR MORE VETERANS; AND

(2) THE MANAGEMENT AND DAILY BUSINESS OPERATIONS OF WHICH ARE CONTROLLED BY

ONE OR MORE VETERANS.

WOMEN‐OWNED BUSINESS CONCERN MEANS A CONCERN WHICH IS AT LEAST 51 PERCENT

OWNED BY ONE OR MORE WOMEN; OR IN THE CASE OF ANY PUBLICLY OWNED BUSINESS, AT

LEAST 51 PERCENT OF ITS STOCK IS OWNED BY ONE OR MORE WOMEN; AND WHOSE

MANAGEMENT AND DAILY BUSINESS OPERATIONS ARE CONTROLLED BY ONE OR MORE

WOMEN

WOMEN‐OWNED SMALL BUSINESS CONCERN MEANS A SMALL BUSINESS CONCERN—

(1) THAT IS AT LEAST 51 PERCENT OWNED BY ONE OR MORE WOMEN; OR, IN THE CASE OF

ANY PUBLICLY OWNED BUSINESS, AT LEAST51 PERCENT OF THE STOCK OF WHICH IS OWNED BY

ONE OR MORE WOMEN; AND

(2) WHOSE MANAGEMENT AND DAILY BUSINESS OPERATIONS ARE CONTROLLED BY ONE

OR MORE WOMEN.

WOMEN‐OWNED SMALL BUSINESS (WOSB) CONCERN ELIGIBLE UNDER THE WOSB PROGRAM

(IN ACCORDANCE WITH 13 CFR PART 127), MEANS A SMALL BUSINESS CONCERN THAT IS AT

LEAST 51 PERCENT DIRECTLY AND UNCONDITIONALLY OWNED BY, AND THE…