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Re: RFQP01211400015, Asphalt
U.S. Department of Justice Federal Bureau of Prisons Field Acquisition Office
U. S. Armed Forces Reserve Complex Grand Prairie, Texas 75051
March 26, 20 14
Federal Correctional Complex, Hazelton, West Virginia
Dear Quoter:
Accompanying this cover letter is a Request for Quotation (RFQ) prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Asphalt for the Federal Correctional Complex located in Hazelton, West Virginia. This package contains all the necessary information for submitting a quote for evaluation.
When submitting your quote, the quoter should consider all information provided herein. Please carefully follow all instructions located in the solicitation package concerning content, format, and submission of quotes.
All quotations must be received on or before the deadline of April 8, 2014 at 2:00P.M. Central Standard Time. Quotations shall be submitted to the following address:
Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex ATTN: Michelle Morgan, Contract Specialist 346 Marine Forces Drive Grand Prairie, Texas 75051
Mailed or hand-carried quotes must be delivered to the Contracting Officer or to the contracting office at the address shown above no later than the time specified as the deadline for receipt of quotes. The official point for hand-carried quotes will be the receptionist' s area on the first floor of the address listed above.
Please do not submit quotes to any location other than the one listed above. E-mailed quotes shall be sent to mrmorgan@bop.gov. Quotes received after the deadline will be processed pursuant to Federal Acquisition Regulation 52.212-1 (f). Faxed quotations are not authorized.
Should you have any questions, please make these inquires in writing. Questions may be submitted via facsimile at (972) 352-4545, ore-mailed to mrmorgan@bop.gov. Any additional questions not addressed herein, please call me at (972) 352-4528.
Sincerely, /Is//
Michelle Morgan, Contract Specialist Federal Bureau ofPrisons Field Acquisition Office
RFQP01211400015 Page1 of 20
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30
2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE DATE
RFQPOJ211400015 03/26/2014
7. FOR SOLICITATION INFORMATION a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE I LOCAL
CALL: TIME
mrmorgan@bop.gov (0) 972-352-4528 (F) 972-352-4545 04/08/2014 02:00:00
9. ISSUED BY CODE I BFAO 10. THE ACQUISITION IS 0 UNRESTRICTED OR 0 SET ASIDE: ] 00.00 %FOR
Federal Bureau of Prisons 0 SMALL BUSINESS 0 WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
Field Acquisition Office 0 HUBZONE SMALL
SMALL BUSINESS PROGRAM
NAICS: 324121
U.S. Armed Forces Reserve Complex BUSINESS 0 EDWOSB
346 Marine Forces Drive 0 SERVICE-DISABLED SIZE STANDARD: 500
VETERAN-OWNED 0 B(A)
Employees Grand Prairie, TX 7505 1 SMALL BUSINESS
11 . DELIVERY FOR FOB DESTINATION 12. DISCOUNT TERMS 13b. RATING
UNLESS BLOCK IS MARKED
D 13a. THIS CONTRACT IS A
NET30 RATED ORDER UNDER DPAS
O SEE (15 CFR 700) 14. METHOD OF SOLICITATION
SCHEDULE
0 RFQ D IFB D RFP
15. DELIVER TO CODE BHAZ 16. ADMINISTERED BY CODE BHAZ
Federal Bureau of Prisons Federal Bureau of Prisons
FCC HAZEL TON FCC HAZEL TON
1640 SKYVIEW DRIVE 1640 SKYV lEW DRIVE
BRUCETON MILLS, WV 26525 BRUCETON MILLS, WV 26525
17a. CONTRACTOR/ CODE I I FACILITY I 18a. PAYMENT WILL BE MADE BY CODE I BHAZ
OFFEROR CODE
Federal Bureau of Prisons
FCC HAZEL TON
1640 SKYV lEW DRJVE
BRUCETON MILLS, WV 26525
TELEPHONE NO.
D 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS
OFFER HECKED D SEE ADDENDUM
I 19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
I
Asphalt for FCC Hazelton The Size Standard = 500 employees
See Continuation Sheet(s) { Use Reverse and/or Arwch Additional Sheets as Neet!ssary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only) a 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 52.212-51S ATTACHED. ADDENDA = ARE = ARE NOT ATTACHED
D 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO
ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH
0 29. AWARD OF CONTRACT: REF. OFFER
DATED . YOUR OFFER ON SOLICITATION (BLOCK 5)
OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, TERMS AND CONDITIONS SPECIFIED. IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINn
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRtNn 31c. DATE SIGNED
Michelle Morgan
STANDARD FORM 1449 (REV. 0212012)
Prescribed by GSA- FAR (48 CFR) 53.212
' I
RFQP01211400015 Page2 of 20
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
"" I I A t.I"T"I"T"\..1' Ill. I ................ ,, ... n ..
0 RECEIVED 0 INSPECTED 0 ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:------------
32b. SIGNATURE OF AUTHORIZED GOVERNMENT 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32g . E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER
CORRECT FOR
I PARTIAL I I FINAL
(SOMPLETE [J'ARTIAL Q INAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)
41 b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/00) 142d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Section
I
RFQP01211400015 Page3of20
Table of Contents
Description Page Number
Solicitation/Contract Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I Commodity or Services Schedule
2.1 Pricing Methodology
2.2 Specification
Contract Clauses 52.216-18 Ordering (Oct 1995) 52.216-19 Ordering Limitations (Oct 1995) 52 .216-21 Requirements (Oct 1995) 2852 .223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 52.27-103-72 DOJ Contractor Residency Requirement Bureau of Prisons (June 2004) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (Jan 2014)
List of Attachments .. . .. . . .. ... ..... .. ...... .. ... . ...... . .. .. . ... . .. .. . ... .. ..... . .. ... I 0
4.1 Special Contract Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 0
Solicitation Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II
5.1 Addendum to FAR 52.212-1 , Instructions to Offerors-Commercial Items (Feb 20 12) . . . .. . . ... II 52.27-103-71 Faith-Based and Community-Based Organizations (Aug 2005) 52.212-3 Offeror Representations and Certifications - Commercial Items (Nov 20 13) Business Management Questionnaire 20
Section 2 - Commodity or Services Schedule
SCHEDULE OF SUPPLIES/SERVICES
CONTINUATION SHEET
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT
0001 Provide AsEhalt, delivelb and transfer, per below specifications for 1298 TN FCC Hazel on . This will e a "will call order" delivered by the contractor to the site.
0002 Provide tack oil and application
100 GL
0003 Total Line Items #1 and #2
1 EA
2.1 Pricing Methodology
RFQP01211400015 Page4of20
UNIT PRICE AMOUNT
Please complete the above inforn1ation when preparing your quote for supply of asphalt. Any resulting contract wil l be an indefinite delivery/requirements contract. As such, quantities listed are estimates only and are not a representation to an offeror or contractor that the estimated quantities will be required or ordered or that conditions affecting requirements will be stable or nonnal (FAR 16.503 (a)(l )). Quotes will be evaluated for award based solely upon price.
NOTE: Award shall be made to the t·esponsive/responsible offeror submitting the lowest TOTAL OFFERED AMOUNT. These prices will include all overhead, profit, fees, wait times, administrative costs, etc ., being charged by the contractor.
2.2 Soecifications
Introduction
The Federal Bureau of Prisons (BOP), Field Acquisition Office, Grand Prairie, Texas, intends to make a single award to a responsible entity for the provision of Asphalt as set forth in this solicitation for the Federal Correctional Complex (FCC), Hazelton. Located in
Bruceton Mills, Wet Virginia. The Government reserves the right to award without discussion and to make a single award. Therefore, each initial quote should contain the best terms from a cost or price standpoint.
Supplies will be delivered to FCC Hazelton, 1640 Sky View Drive, Bruceton Mills, West Virginia 26525.
Delivery provided by 14-25 ton dump trucks . No belly dump will be allowed, only end dump capable of dump in to paving equipment, usually defined by having small chute on the back. Delivery of asphalt will be on a "Will Call" order delivered by the contractor to the site. Actual round trip may vary for each truck. Trip tickets will be required to verify actual time. Times may vary based on external work and access factors. Asphalt shall leave the plant between 290-300 degrees. The asphalt must be placed with a minimum temperature of230 degrees. Contractor must be capable of supplying up to !50 tons per hour.
The contractor must provide contact information and be available between 6:00am and 7:00pm EST.
The estimated delivery dates are April22- 24,2014.
Description of Supplies: West Virginia DOT Wearing Type I w/0% to 20%RAP.
Institution Security: The Contractor agrees to adhere to all regulations prescribed by the institution for safety, custody and conduct of staff, contract workers and inmates. The Contractor may be required to undergo a limited background investigation. The Contractor, at any time, may be removed from the institution at the discretion of the CEO.
RFQP01211400015 Page5 of 20 Section 3 -Contract Clauses
ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions- Commercial Items (Sep 2013)
The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.
Clauses Bv Refi -
52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.amet.gov/far
Clause Title
52.253-1 Computer Generated Forms (Jan 1991)
52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)
52.232-40 Providing Accelerated Payment to Small Business Subcontractors (Dec 2013)
52.228-5 Insurance - Work on a Government Installation (Jan 1997)
52.223-5 Pollution Prevention and Right-to-Know Information (May 20 II)
52.204-13 System for Award Management Maintenance (4. 1301) (July 2013)
Clauses by Full Text
52.216-18 Ordering (Oct 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day ofthe effective date of award through the September 30 of the current year.
(b) All delivery orders or task orders are subject to the terms and conditions ofthis contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of Clause)
52.216-19 Order Limitations (Oct 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one ton, the Government is not obligated to purchase, nor is the Contractor obligated to furnish , those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor--
( I) Any order for a single item in excess ofthe estimated quantities identified in the Schedule of items within the current performance period;
(2) Any order for a combination of items in excess of the estimated quantities identified in the Schedule of Items within the current performance period; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(l) or (2) ofthis section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) ofthis section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of Clause)
RFQP01211400015 Page6 of 20
52.216-21 Requirements (Oct 1995)
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations
·with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the last day of the effective performance period.
(End of Clause)
2852.223-70 Unsafe Conditions Due to the Presence ofHazardous Material (June 1996)
(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a hazardous material as defined in Federal Standard No. 313 , and any revisions thereto during the term of this contract, or any other material or working condition designated by the Contracting Officer's Representative (COR) as potentially hazardous and requiring safety controls.
(b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require contractors to apprise its employees of all hazards to which they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure.
(c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the presence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.
(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, discovers the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition. Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition.
(e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the effects ofthat condition and,. if necessary, the contract will be amended. Failure to agree on a course of action will constitute a dispute under the Disputes clause of this contract.
(f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.
(End of Clause)
52.27-103-72 DOJ Contractor Residency Requirement (June 2004)
For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services must have:
I . Legally resided in the United States (U.S.);
2. Worked for the U.S. overseas in a Federal or military capacity;
RFQP01211400015 Page? of 20
3. Been a dependent of a Federal or military employee serving overseas.
lfthe individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.opm.gov/employ/html!citizens.htm.
By signing this agreement/ commitment document, or by commencing performance, the contractor agrees to this restriction.
(End of Clause)
[END OF ADDENDUM TO FAR 52.212-4]
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Jan 2014)
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:
(I) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
_Alternate I (Aug 2007) of 52.222-50 (22 U .S.C. 71 04(g)).
(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).
(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.] _( I) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and I 0 U.S.C. 2402).
_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 20 I 0) (Pub. L. II 0-252, Title VI, Chapter I (4 1 U.S.C. 251 note)).
_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of2009 (June 20 I 0) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of2009.)
XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jut 20 13) (Pub. L. I 09-282) (31 U.S.C. 610 I note).
_ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jut 20 I 0) (Pub. L. 111-5).
XX (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for
Debarment.(Aug2013)(31 U.S.C.6101 note).
_(7) 52 .209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jut 20 13) ( 41 U .S.C. 2313).
_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C ofPub. L. 111-117, section 743 of Division D ofPub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).
_ (9) 52.219-3 , Notice ofHUBZone Set-Aside or Sole-Source Award (Nov 201 I) (15 U.S.C. 657a).
_ (I 0) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 20 II) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U .S.C. 657a).
_ (II) [Reserved]
XX(I2)(i) 52.219-6, Notice ofTotal Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
_ (ii) Alternate I (Nov 20 II).
_ (iii) Alternate II (Nov 2011).
_ (13)(i) 52.2 19-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
_ (ii) Alternate I (Oct 1995) of52.219-7.
_(iii) Alternate II (Mar 2004) of 52.219-7 .
_ (14) 52.219-8, Utilization of Small Business Concerns (Jul2013) (15 U.S.C. 637(d)(2) and (3)).
_ ( 15)(i) 52.219-9, Small Business Subcontracting Plan (Jut 20 13) (15 U.S.C. 637(d)(4)).
_ (ii) Alternate I (Oct 2001) of 52.219-9.
_ (iii) Alternate II (Oct 200 I) of 52.219-9.
_ (iv) Alternate III (Jul 20 I 0) of 52.219-9.
_ (16) 52.219-13, Notice of Set-Aside ofOrders (Nov 201 1)(15 U.S.C. 644(r)).
_ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)( l4)).
_ (18) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
_ (19)(i) 52.219-23, Notice ofPrice Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (I 0 U.S.C. 2323)
(if the offeror elects to waive the adjustment, it shall so indicate in its offer).
_ (ii) Alternate I (June 2003) of 52.219-23 .
_ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Jut 20 13) (Pub. L. I 03-
355, section 7102, and 10 U.S.C. 2323).
RFQP01211400015 PageS of 20 _ (21) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. I 03-355, section
7102, and 10 U.S.C. 2323).
_ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f) .
XX (23) 52.219-28, Post Award Small Business Program Representation (Ju12013) (15 U.S.C. 632(a)(2)).
_ (24) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul
2013). (15 U.S.C. 637(m)) _ (25) 52.219-30 Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the Women-Owned Small
Business Program (Jul2013) (15 U.S.C. 637 (m)).
XX (26) 52 .222-3, Convict Labor (June 2003) (E.O. 11755).
XX (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).
XX(28) 52 .222-21 , Prohibition of Segregated Facilities (Feb 1999).
XX(29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
XX(30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).
XX(31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 201 0) (29 U.S.C. 793).
XX(32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).
_ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 201 0) (E.O. 13496).
_(34) 52.222-54, Employment Eligibility Verification (Aug 20 13). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803 .)
_ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.
6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
_ (ii) Alternate I (May 2008) of 52.223-9 (42 U .S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off the-shelf items.)
_ (36) 52 .223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
_ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).
_ (ii) Alternate I (Dec 2007) of 52.223-16.
XX (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 20 II) (E.O. 13513).
_ (39) 52.225-1 , Buy American Act-Supplies (Feb 2009) ( 41 U .S.C. 1 Oa-1 Od).
XX (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (June 2009) (41 U.S.C. I Oa-1 Od, 19 U.S.C. 330 I note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).
_ (ii) Alternate I (Jan 2004) of 52 .225-3 .
_ (iii) Alternate II (Jan 2004) of 52.225-3 .
_ (41) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
XX (42) 52.225-13 , Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the
Office of Foreign Assets Control of the Department of the Treasury).
_ (43) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jui2013)(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
_ (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
_ (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
_ (46) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), I 0 U.S.C. 2307(f)).
_ (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), I 0 U.S.C. 2307(f)).
XX( 48) 52.232-33 , Payment by Electronic Funds Transfer-System for Award Management (Jul 20 13) (31 U.S.C. 3332).
_ ( 49) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 20 13) (31 U.S.C. 3332).
XX (50) 52.232-36, Payment by Third Party (Jul 20 13) (31 U.S.C. 3332).
_ (51) 52.239-1 , Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
_ (52)(i) 52.247-64, Preference for Privately Owned U .S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241 (b) and I 0 U.S.C. 2631).
_ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
_(I) 52.222-41 , Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351 , et seq.).
_(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351 , et seq.).
_ (3) 52.222-43 , Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep
2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U .S.C. 351 , et seq.).
RFQP01211400015 Page9 of 20 _ (5) 52.222-51, Exemption from Application ofthe Service Contract Act to Contracts for Maintenance, Calibration, or Repair of
Certain Equipment-Requirements (Nov 2007) (41 351, et seq.).
_ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009)
(41 U.S.C. 351, et seq.).
_ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 20 13)(E.O. I3495
_ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 11 0-247).
_ (9) 52.237-11, Accepting and Dispensing of$1 Coin (Sept 2008) (31 U.S.C. 5112(p)(l)).
(d) Comptroller General Examination of Record . The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(I) 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)( I) 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)( I) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13 , Contractor Code of Business Ethics and Conduct (Apr 20 I 0) (Pub. L. II 0-252, Title VI, Chapter I (41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (Jui 20 13) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 20 13)(E.O. 13495). Flow down required in accordance with paragraph (I) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Sep 201 0) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 201 0) (E.O. 13496). Flow down required in accordance with paragraph (f) ofF AR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 71 04(g)) .
_Alternate I (Aug 2007) of 52.222-50 (22 U .S.C. 71 04(g)).
(x) 52.222-51 , Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41
U.S.C. 351 , et seq.).
(xii) 52.222-54, Employment Eligibility Verification (Jut 20 12).
(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 20 13)(Section 862, amended, of the
National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. II 0-247). Flow down required in accordance with paragraph (e) of FAR clause 52 .226-6.
(xv) 52.247-64, Preference for Privately Owned U.S.-Fiag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.
1241 (b) and I 0 U.S.C. 2631 ). Flow down required in accordance with paragraph (d) ofF AR clause 52.24 7-64.
(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 obligation.
[End of clause]
RFQP01211400015 Page10 of
Section 4 - List of Attachments
Exhibits and Attachments I Identifier I Title Number of Pages
This section (Attachments) has been intentionally left blank
4.1 Special Contract Conditions
Type of Contract The Government contemplates a single award of an indefinite delivery/requirements type contract with fmn-fixed unit prices resulting from this solicitation. It is anticipated that a contract award resulting from this solicitation will be made approximately April I 0, 20 14 with an anticipated effective date of award of April 21 2014.
Contract Administration Contracting Officer Responsibility: Authority to negotiate changes in the terms, conditions, or amounts cited in this contract is reserved to the Contracting Officer. This responsibility may be delegated to an Administrative Contracting Officer by the Contracting Officer.
Ordering Official: Task orders (Will Call Orders) may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for the FCC with an appropriate certificate of appointment. Delivery orders (Will Call Orders) may be issued orally, by facsimile or by electronic commerce methods.
Schedule of Required Insurance As required by FAR clause 52.228-5 entitled " Insurance-Work on a Government Installation," the Contractor shall , at its own expense, provide and maintain during the entire performance of the resulting contract, at least the kinds and minimum amounts of insurance required as listed below:
Worker's Compensation & Employees Liability: $100,000. The required workers compensation insurance shall extend to cover employer's liability for accidental bodily injury or death and for occupational disease with a minimum liability of $100,000.
Comprehensive General Liability: $500,000 per accident or occurrence for bodily injury. This insurance shall include Contractor's protective and liability.
Before commencing work under this contract, the contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required coverage shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (I) for such period as the laws of the state in which this contract is to be performed, or (2) until 30 days after insurer or the contractor gives written notice to the Contracting Officer, whichever period is longer.
The Contractor shall insert the substance of this clause, including this paragraph, in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain insurance required in the schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractor' s proofs of required insurance, and shall make copies available to the Contracting Officer upon request.
RFQP01211400015 Page11 of Section 5- Solicitation Provisions
ADDENDUM TO FAR 52.212-1, Instructions to Offerors- Commercial Items (Jul2013)
The tenns and conditions for the following provisions are hereby incorporated into this solicitation as an addendum to FAR provision 52.212-1.
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (Feb 1998)
This contract incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The bidder is cautioned that the listed provisions may include blocks that must be completed by the bidder and submitted with its quotation or bid. ln lieu of submitting the full text ofthose provisions, the bidder may identify the provision by the paragraph identifier and provide the appropriate infonnation with its quotation or bid. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.arnet.gov/far
Clause Title
52.237-1 Site Visit (Apr 1984)
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications (Dec 20 12)
52.204-7 System for Award Management ((July 2013)
Provisions by Full Text
5.1 -Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items (Jul 201 3)
Tailoring In accordance with FAR 12.302(a), the provision at 52.212-1 is hereby tailored to modify the following elements of the provision.
At paragraph (c) "Period for Acceptance of Offers," this paragraph is changed to increase the acceptance period from 30 days to 120 calendar days.
At paragraph (d) "Product Samples," this paragraph is deleted in its entirety as it has been detennined to be not applicable to this solicitation.
At paragraph (e) "Multiple Offers," this paragraph is deleted in its entirety as it has been determined to be not applicable to this solicitation.
I
I
I
At paragraph (i) "Availability of requirements documents cited in the solicitation," this paragraph is deleted in its entirety as it has been detennined to be not applicable to this solicitation.
Submission of Quotes Sealed quotes shall be submitted on or before the quote deadline specified in Block 8 of the Standard Form 1449, page I of this solicitation. Quotes shall be submitted to by e-mail to mrmorgan@bop.gov or the following address:
Michelle Morgan, Contract Specialist Federal Bureau of Prisons Field Acquisition Office U. S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, Texas 75051
Mailed and hand-carried quotes must be delivered to the Contracting Officer at the address shown above no later than the time specified as the deadline for receipt of quotes. The official point of receipt for hand-carried quotes will be at the first floor reception area of the address listed above. Quotes received after the quote deadline will be handled in accordance with FAR 52.212-1 (f). No faxed quotes will be accepted.
Each quoter shall complete and submit the following forms, clauses, and statements with his/her quote. Failure to do so may cause your quote to be considered unacceptable.
I. Standard Form 1449
2. Schedule of Items/Contract Pricing
RFQP01211400015 Page12 of
3. Business Management Questionnaire
4. Offeror's Representations and Certifications
All potential quoters are advised that this solicitation includes the clause at FAR 52.212-4 Contract Terms and Conditions- Commercial Items (SEP 20 13) which at paragraph (t), System for Award Management (SAM), requires all contractors doing business with the Federal Government to be registered in the SAM database. Quoters should include their Data Universal Number System (DUNS) number in their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardee's DUNS number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.
A ward Methodology The Government intends to make a single award to a quoter, pursuant to an affirmative determination of responsibility, whose quote, conforming to the solicitation, is determined to be most advantageous to the Government, considering lowest price.
Freedom of Information Act The Freedom oflnformation Act (FOIA) and its amendments have resulted in an increasing number of requests to Federal Agencies for copies of quotations from other than Government sources.
The quoter should identify information in its quotation the quoter believes should be withheld from these sources, on the basis the quote consist of"trade secrets and commercial or financial information obtained from a person and privileged or confidential" (exemption (b)
(4) of the FOIA). This identification will assist in the decision by a responsible federal official to disclose or withhold the requested information.
If a quoter considers elements of its quotation to be exempt under FOIA, ensure the following notice is annotated on the title page of the quote:
Elements of this document, as identified on individual pages, are considered by the submitter to be privileged or confidential trade secrets or commercial or financial information not subject to mandatory disclosure under the Freedom of Information Act. Material considered privileged or confidential on this basis is contained on pages _.
The quote must annotate each individual item it considers privileged or confidential under the FOIA exemption with the following notice:
The data or information is considered confidential or privileged, and not subject to mandatory disclosure under the FOIA.
All information in a quoter ' s proposal not designated may be subject to automatic public disclosure if it is requested under the FOIA. It must be emphasized that under the FOIA no information is automatically exempt from public disclosure. However, no disclosures will be made without careful evaluation, giving due regard to the need for safeguarding material considered privileged or confidential by the quoter. It is Department of Justice policy to withhold whenever possible material that is genuinely privileged or confidential.
52 .27-103-71 Faith-Based and Community-Based Organizations (Aug 2005)
Faith-based and Community-based organizations can submit offers/bids/quotations equally with other organizations for contracts which they are eligible.
(End of Provision)
[END OF ADDENDUM TO FAR 52.212-1]
52.212-3 Offeror Representations and Certifications-Commercial Items (Nov 20 13)
An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http: //www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.
(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 ofthe United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service- ( I) 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.
" Inverted domestic corporation", as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign
RFQP01211400015 Page13 of country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.
"Manufactured end product" means any end product in Federal Supply Classes (FSC) I 000-9999, except ( I) FSC 5510, Lumber and Related Basic Wood Materials ;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials ;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) FSC 961 0, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and (I 0) FSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of2007 (Pub. L. II 0-174). 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 of2007) conducting the business can demonstrate (!) 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"- (!) 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 oflran; 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"- ( I) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran .
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 u.s.c. 101(16).
"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned ( I) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Veteran-owned small business concern" means a small business concern- ( I) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U .S.C. I 0 I (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.
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