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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 11 . CONTRACT ID CODE IPA~E OF PAGES

I 1

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 15. PROJECT NO. (If applicable)

001 08/27/2013

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE l Federal Bureau of Prisons, Field Acquisition Office Federal Bureau of Prisons US Armed Forces Reserve Complex FCC Lompoc 346 Marine Forces Drive 3901 Klein Blvd Grand Prairie, TX 75051 Lompoc, CA 93436

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION r--.:.--:- NO.

RFQP06171300005

9B. DATED (SEE ITEM 11)

02/14/2013

10A. MODIFICATION OF CONTRACT/ORDER NO.

D 10B. DATED (SEE ITEM 13)

CODE !FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

~ The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers ~ is extended, D is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE

PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

D D D D

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor D is not, D is required to sign this document and return ____ _ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of Amendment 001 to RFQP0617130005 is incorporate extend the closing date to September 10, 2013 and provide FAR clauses updated through August 2013.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 1 OA, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Michelle Morgan, Contract Specialist

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16C. DATE SIGNED

(Signature of person authorized to sign)

NSN 7540-01-152-8070

Previous edition unusable

08/08/2013

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

RFQP06171300005 Page 1 of 7

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER OMB Clearance Control Number:

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30 1103-0018

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE DATE

RFQP06171300005 02/ 14/2013

a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE I LOCAL

7. FOR SOLICITATION TIME

INFORMATION CALL: Mich e l le Mo rgan (972) 352-4528 09/ 10/2013 14:00:00

9. 1SSUED BY CODE l BFAO 10. THE ACQUISITION IS 0 UNRESTRICTED OR 0 SET ASIDE: % FOR

Federal Bureau of Prisons 0 SMALL BUSINESS 0 WOMEN-QWNED SMALL BUSINESS (WOSB) ELIGIBLE UNDER niE WOMEN-OWNED

Field Acquisition Office 0 HUBZONE SMALL

SMALL BUSINESS PROGRAM

NAICS:

U.S. Armed Forces Reserve Complex BUSINESS 0 EDWOSB

346 Marine Forces Drive 0 SERVICE-DISABLED SIZE STANDARD: E04 VETERAN-OWNED 0 Grand Prairie, TX 7505 1 SMALL BUSINESS B(A)

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 D SEE (15 CFR 700) 14. METHOD OF SOLICITATION

SCHEDULE

0 RFQ D IFB D RFP

15. DELIVER TO CODE BLOX 16. ADMINISTERED BY CODE BLOX

Federal Bureau of Prisons Federal Bureau of Prisons FCC Lompoc FCC Lompoc 3901 Klein Blvd 390 1 Klein Blvd

LOMPOC, CA 93436 LOMPOC, CA 93436

17a. CONTRACTOR/ CODE I I FACILITY I 18a. PAYMENT WILL BE MADE BY CODE I BLOX

OFFEROR CODE

Federal Bureau of Prisons FCC Lompoc 390 I Klein Blvd

LOMPOC, CA 93436

TELEPHONE NO.

D 17b. CHECK IF REMITIANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

~HECKED D SEE ADDENDUM

19. 20. 21 . 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Provide Milk Silo Tanks to FCC Lompoc

Size Standard E04 = 500 Employees

See Continuation Sheet(s) ( Use Reverse and/or Alluch Addilional SheeiS as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

~ 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52 .212-1 , 52.212-4. FAR 52.212-3 AND 52 .212-5 ARE ATIACHED. ADDENDA ARE X ARE NOT ATIACHED 0 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4 . 52.212-5 IS ATIACHED. ADDENDA . 1= ARE = ARE NOT ATIACHED

D 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO

D 29. AWARD OF CONTRACT: REF. OFFER DATED .

YOUR OFFER ON SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ~ET FORTH CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

Michelle Morgan 0

STANDARD FORM 1449 (REV. 0212012)

Prescribed by GSA- FAR (48 CFR) 53.212

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

1.1 Schedule of Items

1.2 Statement ofWork

3 Contract Clauses 52.232-99 Providing Accelerated Payments to Small Business Subcontractors (Aug 2012) 52.252-6 Authorized Deviations in Clauses (Apr 1984) 6 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Aug 20 13)

4 List of Attachments Special Contract Conditions Tailoring

5 Solicitation Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 52.27-103-71 Faith Based and Community Based Organizations (Aug 2005) 52.212-3 Offeror Representations and Certifications - Commercial Items (Aug 2013) Business Management Questionnaire

Section 2- Commodity or Service Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

0001 5000 Gallon Glycol Dimpled jacket silo Tanks (as specified in the 2 ss $ statement of work/specifications)

0002 10000 Gallon Glycol Dimpled jacket silo Tanks (as specified in the 1 ss $ statement of work/specifications)

1 EA $

003 Total line items #0001 and #0002

1.1 Schedule of Items/Pricing

Pricing Methodology Please complete the above infonnation when preparing your quote for the base year and all options years. Any resulting contract will be an indefinite delivery/requirements contract with firm-fixed unit prices: 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 on price and price-related factors .

Pursuant to FAR 17 .203(b ), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17.203 (d), quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

NOTE: Award shall be made to the responsive/responsible offeror(s) submitting the lowest TOTAL OFFERED AMOUNT. Rate of remuneration will be based on an each rate. These prices will include all overhead, profit, dumping fees, administrative costs, etc. , being charged by the Contractor.

1.2 Statement of Work

Introduction The Federal Bureau of Prisons, Field Acquisition Office, Grand Prairie, Texas intends to make a single award of a firm-fixed unit price type contract for the provision of milk silo tanks for the Federal Correctional Complex (hereafter known as FCC), located in Lompoc, California.

Place of Delivery Supplies will be delivered to the FCC Farm at 3901 Klein Blvd., Lompoc, California.

Delivery Information Milk silo tanks must be delivered within 120 calendar days after award.

Specifications Two (2) -5000 GALLON GLYCOL DIMPLED JACKET SILO TANK TO HOLD MILK

TEMP FOR THREE (3) DAYS .

APPROXIMATE DIMENSIONS: 84" I.D. x 90 3/4" O.D. X 14'- 0" STRAIGHT SIDE x 16'

- 6" APPROXIMATE OVERALL HEIGHT.

INNER SIDEWALL: 13 GAUGE TYPE 304 STAINLESS STEEL.

INNER TOP HEAD: FLANGED AND DISHED 13 GAUGE TYPE STAINLESS STEEL.

INNER BOTTOM HEAD: FLAT PITCHED 12 GAUGE TYPE 304 STAINLESS STEEL.

HEAT TRANSFER: 46 SQUARE FEET IN (1) ZONE TYPE 304 STAINLESS STEEL

PLUG WELDED DIMPLE JACKET ON SIDEWALL. INCLUDES INLET AND OUTLET

CONNECTIONS. DESIGNED FOR 75 PSIG WORKING PRESSURE AT 100 Degree F., ASME CODE DESIGN .

AMOUNT

INSULATION: 3" POLYSTYRENE ON SIDEWALL; 3" FIBERGLASS ON TOP AND 4"

FOAMGLASS ON BOTTOM HEAD.

OUTER JACKET: 12 GAUGE CARBON STEEL. .

ALCOVE: UNINSULATED, 55" WIDE x 55" HIGH x 18" DEEP, ALL INSIDE

DIMENSIONS FOR 12" MAXIMUM WALL THICKNESS. STAINLESS STEEL ALCOVE

WITH 2" TRIM FLANGE, LARGE KNUCKLE RADIUS CORNERS, BOTTOM PITCHED

FOR DRAINAGE.

MANWAY: 16" x 20" WITH SAMPLE VALVE, GRAB BAR, AND SANITARY GASKET

IN ALCOVE.

MANHOLE BAFFLE: FOR CONSERVATION OF CIP SOLUTIONS DURING CIP

CLEANING.

INLET: (1) 3" TYPE 304 STAINLESS STEEL TRI-CLAMP FERRULE INLET

CONNECTION, WELDED IN ALCOVE.

OUTLET: 3", TYPE 304 STAINLESS STEEL TRI-CLAMP FERRULE OUTLET

CONNECTION, LESS VALVE.

CIP FIXTURE: (1) REMOVABLE DCI DISH FIXTURE or equal

CIP-VENT HEADER INTERLOCK: STAINLESS STEEL INTERFERENCE TUBE TO

INSURE THAT MANHOLE DOOR IS OPEN DURING CIP OPERATIONS.

CIP-VENT AND VENT PIPING: FACTORY ASSEMBLED AND WELDED TYPE 304

STAINLESS STEEL LINES, INCLUDING LINE SUPPORT BRACKETS FROM TOP OF

TANK TO ABOVE THE MANHOLE. 2" CIP-VENT AND 3" VENT LINES.

HORIZONTAL MECHANICAL AGITATION: SIDE-ENTERING TYPE, 262 OUTPUT

RPM, 3-BLADE, REMOVABLE AGITATOR INCLUDING SANITARY TYPE SEAL AND

HOLLOW-SHAFT V-BELT DRIVE WITH SEALED TYPE BEARINGS. TEFC, 3 PHASE,

60 HERTZ, 230/460 VOLT SINGLE SPEED, 2HP MOTOR.

LEVEL GAUGE: KING# 1777 LEVEL GAUGE TRANSMITTER SLEEVE ONLY or equal.

THERMOMETER WELL: TYPE 304 STAINLESS STEEL PROJECTILE

THERMOMETER, INCLUDING INDICATING THERMOMETER.

RECORDER WELL: TYPE 304 STAINLESS STEEL PROJECTILE RECORDER WELL

TAYLOR #26P397 or equal, LESS RECORDER.

SILO BASE: FABRICATED OF CARBON STEEL HAVING 1/4" BOTTOM PLATE WITH

RUGGED BOTTOM SUPPORT BASE.

LIFTING LUGS: (2) CARBON STEEL LIFTING LUGS WELDED TO UPPER

SIDEWALL AT THE TOP HEAD SEAM.

FINISH: 32RA INTERIOR FINISH WITH WELDS TO 32RA . ALL CARBON STEEL

EXTERIOR SURF ACES PRIMED & PAINTED WHITE.

TANK DESIGN: ATMOSPHERIC.

SEISMIC CONSTRUCTION: FOR SEISMIC ZONE IV.

One-10000 GALLON GLYCOL DIMPLED JACKET SILO TANK TO HOLD MILK

TEMP FOR THREE (3) DAYS.

APPROXIMATE DIMENSIONS: 120" I.D. x 126 3/4" O.D. x 17'-4" STRAIGHT SIDE x 20'

-6" APPROXIMATE OVERALL HEIGHT

INNER SIDEWALL: 13 GAUGE TYPE 304 STAINLESS STEEL.

INNER TOP HEAD: FLANGED AND DISHED 13 GAUGE TYPE STAINLESS STEEL.

INNER BOTTOM HEAD: FLAT PITCHED 12 GAUGE TYPE 304 STAINLESS STEEL.

HEAT TRANSFER: 46 SQUARE FEET IN (1) ZONE TYPE 304 STAINLESS STEEL

PLUG WELDED DIMPLE JACKET ON SIDEWALL. INCLUDES INLET AND OUTLET

CONNECTIONS. DESIGNED FOR 75 PSIG WORKING PRESSURE AT 100 Degree F. , ASME CODE DESIGN.

INSULATION: 3" POLYSTYRENE ON SIDEWALL; 3" FIBERGLASS ON TOP AND 4"

FOAMGLASS ON BOTTOM HEAD.

OUTER JACKET: 12 GAUGE CARBON STEEL.

ALCOVE: UNINSULATED, 55" WIDE X 55" HIGH x 18" DEEP, ALL INSIDE

DIMENSIONS FOR 12" MAXIMUM WALL THICKNESS. STAINLESS STEEL ALCOVE

WITH 2" TRIM FLANGE, LARGE KNUCKLE RADIUS CORNERS, BOTTOM PITCHED

FOR DRAINAGE.

MANWAY: 16" X 20" WITH SAMPLE VALVE, GRAB BAR, AND SANITARY GASKET

IN ALCOVE.

MANHOLE BAFFLE: FOR CONSERVATION OF CIP SOLUTIONS DURING CIP

CLEANING.

INLET: (1) 3" TYPE 304 STAINLESS STEEL TRI- CLAMP FERRULE INLET

CONNECTION, WELDED IN ALCOVE .

OUTLET: 3", TYPE 304 STAINLESS STEEL TRI- CLAMP FERRULE OUTLET

CONNECTION, LESS VALVE.

CIP FIXTURE: (1) REMOVABLE DCI DISH FIXTURE or equal

CIP-VENT HEADER INTERLOCK: STAINLESS STEEL INTERFERENCE TUBE TO

INSURE THAT MANHOLE DOOR IS OPEN DURING CIP OPERATIONS .

CIP- VENT AND VENT PIPING: FACTORY ASSEMBLED AND WELDED TYPE 304

STAINLESS STEEL LINES, INCLUDING LINE SUPPORT BRACKETS FROM TOP OF

TANK TO ABOVE THE MANHOLE. 2" CIP- VENT AND 3" VENT LINES.

HORIZONTAL MECHANICAL AGITATION: SIDE-ENTERING TYPE, 262 OUTPUT

RPM, 3-BLADE, REMOVABLE AGITATOR INCLUDING SANITARY TYPE SEAL AND

HOLLOW- SHAFT V-BELT DRIVE WITH SEALED TYPE BEARINGS. TEFC, 3 PHASE,

60 HERTZ, 230/460 VOLT SINGLE SPEED, 2HP MOTOR.

LEVEL GAUGE : KING# 1777 LEVEL GAUGE TRANSMITTER SLEEVE ONLY or equal.

THERMOMETER WELL: TYPE 304 STAINLESS STEEL PROJECTILE

THERMOMETER, INCLUDING INDICATING THERMOMETER.

RECORDER WELL: TYPE 304 STAINLESS STEEL PROJECTILE RECORDER WELL

TAYLOR #26P397 or equal, LESS RECORDER.

SILO BASE: FABRICATED OF CARBON STEEL HAVING 1/4" BOTTOM PLATE WITH

RUGGED BOTTOM SUPPORT BASE.

LIFTING LUGS: (2) CARBON STEEL LIFTING LUGS WELDED TO UPPER

SIDEWALL AT THE TOP HEAD SEAM.

FINISH: 32RA INTERIOR FINISH WITH WELDS TO 32RA. ALL CARBON STEEL

EXTERIOR SURFACES PRIMED & PAINTED WHITE.

TANKDESIGN: ATMOSPHERIC.

SEISMIC CONSTRUCT! ON: FOR SEISMIC ZONE IV.

ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions- Commercial Items (Feb 2012)

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.

Cl B R tl auses sy e erence

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.acguistion.gov/far

Clause Title

52.204-13 System for Award Management Maintenance (Jul2013)

52.212-4 Contract Terms and Conditions - Commercial Items (Jul2013)

52.242-13 Bankruptcy (Jul 1995)

52.253-1 Computer Generated Forms (Jan 1991)

CLAUSES BY FULL TEXT

52.232-99 Providing Accelerated Payments to Small Business Subcontractors (Aug 2012)(Deviation)

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The accelerated payments under this clause does not provide any new rights under the Prompt Payment Act.

(End of Clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Justice Acquisition Regulation ( 48 CFR Chapter 18) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(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 (AUG 2013)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions oflaw or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S .C. 71 04(g)).

_ Alternate I (Aug2007) of 52.222-50 (22 U.S.C. 7104(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.] XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI , Chapter 1 (41 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.)

_ ( 4) 52.204- 10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 20 13) (Pub. L. I 09-

282) (3 1 U.S.<;;. 6JQ.!. _nQ~).

_ (5) 52.204-11, American Recovery and Reinvestment Act- Reporting Requirements (Jul2010) (Pub. L. 111-5).

XX (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

_ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul2013) (41 U.S.C.

2313).

_ (8) 52 .209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C ofPub. L. 112-74, section 740 ofDivision C ofPub. L. 111-117, section 743 ofDivision 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 2011) (I S U.S.C. 657a).

XX (10) 52 .219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

_ ( 11) [Reserved] _ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (1 5 U.S.C. 644).

_ (ii) Alternate I (Nov 2011).

_ (iii) Alternate II (Nov 2011).

_ (13)(i) 52.219-7, Notice ofPartial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

_ (ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

XX (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 (Jul2013) (15 U.S.C. 637(d)(4)).

_ (ii) Alternate I (Oct 2001) o0:?.,~12..::9 .

_ (iii) Alternate II (Oct 2001) of 52.219-9.

_ (iv) Alternate III (Jul2010) of 52.219-9.

_ (16) ~~212.::-_U, Notice of Set-Aside of Orders (Nov 2011)(..L~_j).S .. ~,_6._4_4.(r.)).

_ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) ( 15 U.S._C,_637(a)(11)).

_ (18) 52.~ 19-.lQ, Liquidated Damages- Subcon-tracting Plan (Jan 1999) (l? U.S.,~,_ 9.l1{9J0)(F}Q)) .

_ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) ( 10 U.S.C. 2323) (ifthe offeror elects to waive the adjustment, it shall so indicate in its offer).

_ (ii) Alternate I (June 2003) of 52.? 19-23.

_ (20) 52.219-25, Small Disadvantaged Business Participation Program- Disadvantaged Status and Reporting (Jul2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

_ (21) 52 .219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, 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 t).

XX (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jut 20 13) (1 5 U.S.C. 632(a)(2)).

_ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul2013) (15 U.S.C. 637(m)).

_ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jut 20 13) (15 U .S.C. 637(m)).

XX (26) 52_122-l , Convict Labor (June 2003) (E.O. 11755).

_ (27) ~.:?Z47:J2, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

XX (28) 57,77~:.f_l_ , 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 lJ.S.C. 793).

XX (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

XX (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (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- I 6, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products

(DEC 2007) (E.O. 13423).

_ (ii) Alternate I (DEC 2007) of 52.223- I 6.

XX (38) 52.223- I 8, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O.

13513).

_ (39) 52 .225-1, Buy American Act-Supplies (Feb 2009) (4 I U.S.C. lOa- I Od).

_ (40)(i) 52.2'5-3, Buy American Act-Free Trade Agreements- Israeli Trade Act (Nov 2012) (41 U.S.C.

chapter 83, 19 U.S. C. 3301 note, 19 U.S.C. 21 12 note, I 9 U.S.C. 3805 note, l.2J) .S.C._1.Q.Q1 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

_ (ii) Alternate I (Mar 20 12) of 52 .2?5-3.

_(iii) Alternate II (Mar 20 12) of 52.225-3.

_ (iv) Alternate III (Nov 2012) of 52 .225-3.

_ (41) 52.225-5, Trade Agreements (Nov 2012) (1 9 U.S.C. 2501, et seq., 19U.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) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

_ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S .C. 255(t), 10 U.S.C. 2307(f)).

_ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) ( 41 U .S.C. 255W, I 0 U.S.C. 2307(t)) .

XX (47) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul2013) (31 U.S.C. 3332).

_ (48) 52.232-34, Payment by Electronic Funds Transfer- Other than System for Award Management (Jul2013) (31 U.S.C. 3332).

_ (49) 52.232-36, Payment by Third Party (Jul2013) (3 I U.S.C. 3332).

_ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_ (51)(i) 521.47-.Q:!. Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Anp~_J_~.1J.(Q} and 10 U ,~,~,_:?§.31 ) .

_ (ii) Alternate I (Apr 2003) of 52.247.~.2.4.

(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. 35 1, 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.).

_ (5) 52.222-51 , Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (Nov 2007) (41 351, 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 2013) (E.O.l3495).

_ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

_ (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 quote, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor' s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4. 7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision oflaw.

(e)(l) 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)(l) 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 2010) (Pub. L. 1I0-252, Title VI, Chapter I

(41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Jul2013) (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 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affmnative 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) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (4I 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) of52.222-50 (22 U.S.C. 7104(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 (JUL2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 11 0-247). Flow down required in accordance with paragraph (e) ofF AR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 124l(b) and IO U.S.C. 2631). Flow down required in accordance with paragraph (d) ofFAR clause 52.247-

64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

LIST OF ATTACHMENTS

Business Management Questionnaire

Provisions

The terms and conditions for the following provisions are hereby incorporated into this solicitation as an addendum t FAR 522121 0 prOVISIOn -

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.

In lieu of submitting the full text of those provisions, the bidder may identifY the provision by the paragraph identifier and provide the appropriate information with its quotation or bid. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov/far

Clause Title

52.204-7 System for Award Management (Jul 20 13)

52.212-1 Instructions to Offerors - Commercial Items (Jul2013)

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.

Tailorin 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 deleted in its entirety as it has been determined to be not applicable to this solicitation.

At paragraph (d) "Product Samples", this paragraph is deleted in its entirety as it has been determined 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.

At paragraph (h) "Multiple Awards", this paragraph is deleted in it entirety as it has been determined to be not applicable to this solicitation.

At paragraph (i) "Availability of requirements documents cited in the solicitation," this paragraph is deleted in its entirety as it has been determined 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 via e-mail to mrmorgan@bop.gov or to the following address:

Michelle Morgan, Contract Specialist Federal Bureau of Prisons Field Acquisition Office 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 frrst floor reception area of the address listed above. Quotes received after the quote deadline will be handled in accordance with FAR 52.212-l(t). No faxed or emailed quotes will be allowed.

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:

1. Standard Form 1449

2. Schedule of Items/Contract Pricing

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 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.

Award Methodology The Government intends to make a single award to a contractor, 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 of Information 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 quotes consist of "trade secrets and commercial or fmancial 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 quote 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 fmancial information not subject to mandatory disclosure under the Freedom oflnformation Act. Material considered privileged or confidential on this basis is contained on pages.

The quoter 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 quote 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.

[End of Provision]

Faith-Based and Community-based Organizations (Aug 2005)

Faith-based and Community-based organizations can submit offers/quotes/quotations equally with other organizations for contracts for which they are eligible.

[End of Provision]

52.212-3 Offeror Representations and Certifications-Commercial Items (Aug 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.acqu isition.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 of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business 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.

"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 country, that meets the criteria specified in 6 U.S.C.

395(l]}, applied in accordance with the rules and definitions of Q_IL..B.,(':.:._~~(~} . An inverted domestic corporation as herein defmed 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) 1000-9999, except

(!) 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

(1 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 of 2007 (Pub. L. 110-174 ). Restricted business operations do not include business operations that the person (as that term is defmed 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 Jaw 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 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"

( I) Means a small business concern-

3 (i) Not Jess than 51 percent ofwhich is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not Jess than 51 percent ofthe stock of which is owned by one or more service disabled veterans; and

4 (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. I 0 I (2), with a disability that is service connected, as defined in 38 U.S.C. 10 1(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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

(!) Not Jess than 51 percent of which is owned by one or more veterans (as defined at 38 U.S. C. 10 I (2)) or, in the case of any publicly owned business, not Jess 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 least 51 percent ofthe 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 management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(I) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acguisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS coc:ie referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.120 1 ), except for paragraphs _____ _

[Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM]

(c) Offerors must complete the following representations when the resulting contract will be performed in the

United States or its outlying areas. Check all that apply.

(I) Small business concern. The offeror represents as part of its offer that it o is, o is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)( I) of this provision.] The offeror represents as part of its offer that ito is, o is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern i': paragraph (c)(l) of this provision.] The offeror represents, for general statistical purposes, that ito is, o is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(J) of this provision.] The offeror represents that ito is, o is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. {Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.} The offeror represents that-

5 (i) It o is,o is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

6 (ii) Ito is, o is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each

WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

7 (i) Ito is, o is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

8 (ii) Ito is, o is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the

. . rt: 15 JOint venture. [The ojjeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(l) of this provision.] The offeror represents that ito is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: _______________ _

(1 0) [Complete only if the solicitation contains the clause at FAR ~_] 19_::?..}, Notice of Price Evaluation

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