SF1449_SPE8E623R0002.PDF.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000156373

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE8E6-23-R-0002

5. SOLICITATION NUMBER

2023 JUN 07

6. SOLICITATION ISSUE

DATE

Loreen Gallagher DLG0000

a. NAME

Phone: 215-737-3911

b. TELEPHONE NUMBER (No Collect calls)

2023 JUL 07

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE8E6

DLA TROOP SUPPORT

CONSTRUCTION & EQUIPMENT (CLASS IV)

700 ROBBINS AVENUE

PHILADELPHIA PA 19111-5096

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

332999NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

OFFER

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

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets 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 ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, 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 Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

05:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE 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

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

CONTINUED ON NEXT PAGE

PAGE 3 OF 42 PAGES

SPE8E6-23-R-0002

IT IS THE RESPONSIBILITY OF ALL THOSE SUBMITTING OFFERS IN REPLY TO THIS REQUEST FOR PROPOSAL(RFP), TO READ, UNDERSTAND AND COMPLY WITH THE TERMS, CONDITIONS AND RESTRICTIONS OF THIS SOLICITATION.

ALL PROPOSALS ARE TO BE SUBMITTED VIA EMAIL. Opening/Closing Date and Time: Wednesday, June 7, 2023: 5 PM EST - Friday, July 7, 2023: 5 PM EST

PLEASE SEND THE EMAILED PROPOSALS TO ALL OF THE FOLLOWING RECIPIENTS: LOREEN.GALLAGHER@DLA.MIL

VINCENT.OLIVA@DLA.MIL

*PROPOSALS WILL NOT BE ACCEPTED VIA HAND-CARRIED DELIVERY, MAIL, OR FAX*.

PLEASE DIRECT ALL INQUIRIES REGARDING THIS SOLICITATION TO THE CONTRACT SPECIALIST VIA EMAIL TO:

Lori Gallagher Contracting Specialist DLA Troop Support loreen.gallagher@dla.mil

The proposed acquisition is for one (1) National Stock Number (NSN). The resultant contract will be a Fixed Price with Economic Price Adjustment, Indefinite-Delivery Indefinite-Quantity (IDIQ) Long Term Contract (LTC) for Direct Vendor Delivery (DVD) and DLA Direct requirements. The contract will consist of a base ordering period of two (2) years and three (3) one-year option periods. FAR Part 12 Acquisition of Commercial Practices and FAR Part 15 Contracting by Negotiation procedures will be utilized. The contract maximum will be $70,000,000.00.

The annual estimated quantity (AEQ) listed in the solicitation is only an estimate based on data available to the Government at the time of issuance. The AEQ represents the Government’s good faith estimate of the annual demand for the item. The AEQ is for informational purposes only and the Government is in no way obligated to purchase this quantity. When offering a price, offerors must take into account any business risk associated with this estimate. The Government’s annual estimated quantities (AEQ) are provided and should be used for informational purposes only:

NSN Annual Estimated Quantity Estimated Delivery

5660-00-921-5516, AEQ 110,817 RO

Delivery will be FOB Origin. THE DELIVERY SCHEDULE WILL BE 4000 RO AFTER 30 DAYS AND 4000 RO EVERY 30 DAYS THEREAFTER UNTIL COMPLETION. PLEASE REFER TO FAR 52.211-08 TIME OF DELIVERY FOR THE DELIVERY SCHEDULE.

The guaranteed minimum for the resultant contract will be a one-time obligation of $350,000.00 for the life of the contract regardless of any exercised option periods.

THIS IS AN UNRESTRICTED ACQUISTION

DESTINATION INSPECTION REQUIRED FAR 52.246-2 APPLIES

Trade Agreements DFARS 252.225-7021 apply Child Labor FAR 52.222-19 Applies

The solicitation sets forth instructions to the offeror and evaluation factors for award. Proposals will be evaluated according to Lowest Price Technically Acceptable source selection procedures. The Government will make an award, as a result of this solicitation, to the responsible offeror(s), offering the lowest price, whose offer conforms to all of the terms and conditions set forth in this solicitation.

The evaluation factors and process to be utilized for this acquisition are provided in FAR 52.212-2.

Please ensure that F.O.B. origin pricing is provided. Offerors will submit pricing on the two-year base period. For evaluation purposes, an offeror’s price will be evaluated on the basis of the estimated annual quantity. The annual estimated quantity for the line item will be multiplied by the unit price offered for the base period to arrive at the annual estimated evaluated base price. The annual evaluated price for the item will be multiplied by five (two base periods and three option years) to arrive at the total evaluated contract price.

The Defense Logistics Agency’s (DLA’s) Vendor Shipment Module (VSM) will make the transportation arrangements. Utilization of VSM by the Contractor is mandatory. See DLAD 52.247-9059. For more information about VSM, contact the supply chain transportation office helpdesk at (800) 456-5507 or via email to delivery@dla.mil. To register as a VSM user, please visit https://vsm.distribution.dla.mil.

Failure to fully comply with the required packaging & labeling provisions may result in payment delays or rejection of delivered material.

THIS BUY IS NOT FAST PAY

NO VARIATION IN QUANTITY ALLOWED

Accelerated delivery of these items is acceptable and desired at no additional cost to the Government

Billing problems: Please contact the DSCPWAWFTeam@dla.mil for assistance.

Billing information call 800-756-4571.For evaluation purposes, an offeror’s price will be evaluated on the basis of the estimated annual quantity. The annual estimated quantity for the line item will be multiplied by the unit price offered for the base period to arrive at the annual estimated evaluated base price. The annual evaluated price for the item will be multiplied by five (two base periods and three option years) to arrive at the total evaluated contract price.

Don't forget to sign-up for the invoice status system-- myInvoice-- at https://myinvoice.csd.disa.mil

PAGE 4 OF 42 PAGES

SPE8E6-23-R-0002

Your Electronic Invoicing Solution - Wide Area Workflow (WAWF). Register at https://wawf.eb.mil/ or go to the DFAS EC Tool Box http://www.dod.mil/dfas/contractorpay/electroniccommerce.html

EACH OFFEROR’S PRICE PROPOSAL WILL BE EVALUATED FOR PRICE REASONABLENESS. CERTIFIED COST AND PRICING DATA WILL NOT BE REQUIRED PER FAR 15.403-1(B)(3); HOWEVER, THE CONTRACTING OFFICER MAY REQUIRE SUPPORTING PRICE DATA, SUCH AS COPIES OF

COMMERCIAL CATALOGS OR SUBSTANTIATION OF ESTABLISHED MARKET PRICING.

IN ACCORDANCE TO FAR 12.404 (b) EXPRESS WARRANTIES OFFEROR’S ARE REQUIRED TO OFFER THE GOVERNMENT AT LEAST THE SAME WARRANTY TERMS, INCLUDING OFFERS OF EXTENDED WARRANTIES, OFFERED TO THE GENERAL PUBLIC IN CUSTOMARY COMMERICAL

PRACTICE

DELIVERY: MATERIAL UNDER THE TERMS OF THIS CONTRACT SHALL BE DELIVERED WITHIN THE NUMBER OF DAYS SPECIFIED IN THE CONTRACT. NOTWITHSTANDING ANY OTHER PROVISIONS/CLAUSES OF THIS CONTRACT, NO DELIVERIES SHALL BE MADE PRIOR TO ISSUANCE

OF THE CONTRACT (STANDARD FORM 1449).

ALL ITEMS DELIVERED UNDER THIS CONTRACT SHALL BE SHIPPED IN ACCORDANCE WITH THE FREIGHT SHIPPING INSTRUCTIONS LISTED

ON THE APPLICABLE CONTRACT.

*** PLEASE BE ADVISED THAT ALL 'FILL-IN' CLAUSE(S) MUST BE COMPLETED. FAILURE TO COMPLETE THESE CLAUSES MAY RENDER

YOUR PROPOSAL TECHNICALLY UNACCEPTABLE ***

FAR 52.212-4(O) CONTAINS IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS

FOR A PARTICULAR PURPOSE. IF YOU WISH TO OFFER AN EXPRESS WARRANTY, IT WILL BE CONSIDERED IN ACCORDANCE WITH FAR 12.404(B).”

FAR 52.204-23, PRODUCTS AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018), APPLIES TO ALL AWARDS MADE ON OR AFTER JULY 16, 2018.

CONTRACTOR CODE OF BUSINESS ETHICS (DEC 2010) DLA TROOP SUPPORT

FAR PART 3.1002(A) REQUIRES ALL GOVERNMENT CONTRACTORS TO CONDUCT THEMSELVES WITH THE HIGHEST DEGREE OF INTEGRITY AND HONESTY. CONTRACTORS SHOULD HAVE A WRITTEN CODE OF BUSINESS ETHICS AND CONDUCT. TO PROMOTE COMPLIANCE WITH SUCH CODE OF BUSINESS ETHICS AND CONDUCT, CONTRACTORS SHOULD HAVE AN EMPLOYEE BUSINESS ETHICS AND COMPLIANCE TRAINING PROGRAM THAT FACILITATES TIMELY DISCOVERY AND DISCLOSURE OF IMPROPER CONDUCT IN CONNECTION WITH GOVERNMENT CONTRACTS AND ENSURES CORRECTIVE MEASURES ARE PROMPTLY INSTITUTED AND CARRIED OUT. A CONTRACTOR MAY BE SUSPENDED AND/OR DEBARRED FOR KNOWING FAILURE BY A PRINCIPAL TO TIMELY DISCLOSE TO THE GOVERNMENT, IN CONNECTION WITH THE AWARD, PERFORMANCE, OR CLOSEOUT OF A GOVERNMENT CONTRACT PERFORMED BY THE CONTRACTOR OR A SUBCONTRACT AWARDED THERE UNDER, CREDIBLE EVIDENCE OF A VIOLATION OF FEDERAL CRIMINAL LAW INVOLVING FRAUD, CONFLICT OF INTEREST, BRIBERY, OR GRATUITY VIOLATIONS FOUND IN TITLE 18 OF THE UNITED STATES CODE OR A VIOLATION OF THE FALSE CLAIMS ACT. (31 U.S.C. 3729-3733)

Certain orders will require material to be stuffed/loaded at contractor designated site with containers to be provided and then picked up by the Government. Each container must have one (1) Radio Frequency Identification (RFID) tag attached. The Contractor is responsible for (and pricing must reflect) all efforts and expense (including dunnage) associated with properly loading material into the conveyance provided by the Government. Material must be available for pick-up within the time specified in the delivery schedule. All stuffing locations MUST have a valid CAGE code.

a) Contractors must furnish the location and the CAGE code of the Source Stuffing/Shipping point with their offer.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 36 PAGES

SPE8E6-19-D-0002

CONTINUED ON NEXT PAGE

POINT OF ORIGIN/CONTAINER STUFFING SITE MUST BE ACCESIBLE BY TRUCK, MUST BE IN THE CONTINENTAL UNITED STATES, MUST BE OCEAN FREIGHT CAPABLE, AND MUST BE IN PROXIMITY TO A PORT HANDLING OCEAN SHIPPING.

b) The awardee will be required to stuff/load the material into containers at the contractor’s designated facility or in some cases loaded onto soft sided truck(s). The containers will normally be 40’ for all locations. However, there may be times where a 20’ container would be more economical due to the size of the shipment.

Please note specific container requirements in your proposal. The containers will be provided by the Government.

c) The contractor will be responsible for contacting DDC-Enterprise Transportation Group at email address delivery@dla.mil for shipping instructions and containers. The contractor will be responsible for determining the total number of containers necessary. The contractor will have to coordinate the arrival and dispatch of containers.

d) The contractor will stuff/load each container to capacity and is responsible for blocking and bracing in accordance with commercial practices/standards. Material must be blocked/braced to ensure minimal shifting/movement during transportation such that material arrives undamaged at its final destination.

Material must be secured to withstand the most stringent transportation mode to which it will be subjected during multimodal shipment.

e) The contractor shall be liable for payment of any damage to any material caused by the failure to load, block and brace within acceptable commercial standards. Once loaded, the contractor will contact DDC with the required information for RFID tags. RFID tags will be created for each container and supplied to the contractor. When the containers are loaded and tagged, the contractor shall contact the carrier and the stuffed containers will be picked up by the Government. The contractor’s facility MUST be adequate to meet the source stuffing/receiving/shipping requirements. NO SPECIAL EQUIPMENT WILL BE PROVIDED BY THE GOVERNMENT.

This solicitation contains Surge and Sustainment (S&S) clauses. All offerors must complete a Capability Assessment Plan (CAP) online using the web industrial capabilities program (WICAP) website at https://www.jccs.gov/wicap and submit a copy as part of the proposal. Please review Procurement Note L18 Surge and Sustainment Instructions to Offerors in full text to obtain instructions and website information. . The S & S requirements are as follows:

NSN 5660009215516 MWR 1003

PAGE 5 OF 42 PAGES

SPE8E6-23-R-0002

S&S coverage includes access to production capability as well as vendor owned or managed inventory/safety stocks.

Offerors will be evaluated on their ability to meet the terms and conditions of the S&S requirements.

***PLEASE SUBMIT THE ENTIRE RFP WITH YOUR PROPOSAL BY COB Friday, July 7, 2023. ALSO, PLEASE PROVIDE A COPY OF YOUR

CAPABILITY ASSESSMENT PLAN (CAP) WITH YOUR PROPOSAL****

PAGE 6 OF 42 PAGES

SPE8E6-23-R-0002

SECTION B

SUPPLIES/SERVICES: 5660-00-921-5516

ITEM DESCRIPTION:

BARBED TAPE, CONCERTINA (BTC)

RA001: THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS

(IDENTIFIED BY AN 'R' OR AN 'I' NUMBER) SET FORTH IN FULL TEXT IN THE

DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE WEB

AT:

http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx

FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE

SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE

ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE

APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-ON

REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.

RP001: DLA PACKAGING REQUIREMENTS FOR PROCUREMENT

RQ011: REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED SUPPLIES

1 RO = 50 FT

MARKINGS:

EACH ROLL SHALL HAVE A CORROSION RESISTANT METAL TAG CONTAINING

WATERPROOF MIL STD 129 INFORMATION

PACKAGE IAW AA-55522 AND ASTM D3951

RD003, COVERED DEFENSE INFORMATION POTENTIALLY APPLIES

IAW BASIC CID A-A-55522A NOT 2

REVISION NR A DTD 08/12/2019

PART PIECE NUMBER: AA55522-1

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

0001 5660-00-921-5516 1.000 RO $ ________________ $ ________________

BARBED TAPE

,CONCERT

PRICING TERMS: Firm Fixed Price

QTY VARIANCE: PLUS 0% MINUS 0%

INSPECTION POINT: DESTINATION

ACCEPTANCE POINT: DESTINATION

FOB: ORIGIN DELIVERY DATE: 30 DAYS ADO

PREP FOR DELIVERY:

PKGING DATA-QUP:001

WILL BE PACKAGED IN ACCORDANCE WITH ASTM D3951.

All DLA Master List of Technical and Quality Requirements take precedence over ASTM D3951.

Mark and label all packaging and packing in accordance with MIL-STD-129.

The Unit of Issue (U/I) and Quantity per Unit Pack (QUP) will be as specified in the contract/purchase order.

PALLETIZATION SHALL BE IN ACCORDANCE WITH RP001: DLA PACKAGING

REQUIREMENTS FOR PROCUREMENT

PARCEL POST ADDRESS:

FOR TRANSPORTATION SEE DLAD DLAD PROC NOTE C19. FOR FIRST DESTINATION TRANSPORTATION SEE DLAD PROC NOTE C20 AND

CONTRACT

FREIGHT SHIPPING ADDRESS:

PAGE 7 OF 42 PAGES

SPE8E6-23-R-0002

SECTION B

SUPPLY/SERVICE: 5660-00-921-5516 CONT'D

GOVT USE

External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date .

0001 1000156373 0001 N/A N/A N/A N/A

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 42 PAGES

SPE8E6-23-R-0002

SECTION A - SOLICITATION/CONTRACT FORM

TECHNICAL REQUIREMENTS

THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN `R' OR AN `I' NUMBER IN SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE

WEB AT:

http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-

ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.

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

SECTION C - SPECIFICATIONS/SOW/SOO/ORD

C03 CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION (JUN 2020)

C09 ECONMIC PRICE ADJUSTMENT - DEPARTMENT OF LABOR PRICE INDEX (JUN 2020)

(a) Warranties. The contractor warrants that--

(1) The base unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this procurement note; and

(2) Prices invoiced shall be computed in accordance with the terms of this procurement note.

(b) Definitions. As used throughout this procurement note --

(1) "Index", for the purpose of price adjustment under this procurement note, means the Producer Price Index(es) reported in the monthly publication entitled, “Producer Price Indexes”, published by the United States (U.S.) Department of Labor (DOL), Bureau of Labor Statistics (BLS) for the following code number(s) and title(s): 3326183326187 (contracting officer fill-in) Other fabricated wire product mfg-Steel fencing and fence gates, made from purchased wire, not seasonally adjusted.; or the Employment Cost Index(es) reported in the quarterly publication entitled, “Employment Cost Indexes,” published by the United States (U.S.) Department of Labor (DOL), Bureau of Labor Statistics (BLS) for the following code number(s) and title(s): (contracting officer fill-in) .

(2) "Base index" is the arithmetic average of the final version of the indexes published for the two (2) most recent months, or quarters for ECI, preceding the closing date for receipt of proposals or the date required for receipt of final proposal revisions, if discussions were held.

(3) "Adjusting index" means the arithmetic average of the [ X ] first published or [ ] final version of the index for the two (2) most recent months, or quarters for ECI, prior to the month in which the adjusting contract modification is effective.

(4) "Base unit price" means the unit price applicable to a quantity of a contract line item established at contract award, exclusive of any price adjustment pursuant to this procurement note.

(5) “Adjustment period” means the period during which a particular adjustment to the unit price under this procurement note (calculated at the beginning of the adjustment period) will apply. The length of each adjustment period in months is the number of adjustments allowed per year in (c)(1) below divided by 12.

(c) Adjustments. Prior to the end of each adjustment period, the contracting officer will calculate the adjusting index and any adjusted contract unit price(s) for the new adjustment period, and modify the contract accordingly. The contracting officer will make price adjustments in accordance with this procurement note by issuing a contract modification showing the base index, the adjusting index, the base unit price, the mathematical calculations, and the changed unit price(s). The price adjustment shall apply to orders issued after the effective date of the contract modification establishing the unit price for the adjustment period. The contracting officer will base the price adjustment(s) for each adjustment period on the percentage change between the base index and the adjusting index for the adjustment period, as applied to the base unit price

(1) The contractor shall decrease its price in any particular adjustment period if the adjusting index is less than the base index. This contract allows two (2) price adjustments per contract year.

(2) Example of adjustment calculation:

Header Header Base Index = 109.88*

Adjusting index = 112.72*

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 42 PAGES

SPE8E6-23-R-0002

SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

Header Header Less base index = 109.88 Change to index = 2.84

Divide change to index by base index =

2.84 / 109.88 = .02585 (2.585%)**

Multiply by the base unit price =

$50.00 x .02585 = $1.29***

= Unit Price Adjustment Adjusted unit price = $51.29

* In computing the base and adjusting indexes, the resulting figure shall be rounded to the second decimal place.

** This figure shall be rounded to the fifth decimal place.

*** All dollar figures shall be rounded to the nearest cent.

(d) Upward ceiling on economic price adjustment. No upward ceiling shall apply under this economic price adjustment procurement note, unless the BLS series is based on indices below the six-digit level. (An index “below the six-digit level” in BLS usage means an index whose identifier exceeds six-digits). For any BLS series that is below the six-digit level, the following ceiling shall apply: The contractor agrees that the aggregate of the increases in any contract unit price under this clause shall not exceed 10% % (percent) of the original base unit price, except as provided hereafter.

(1) If at any time the contractor has reason to believe that within the near future a price adjustment under the provisions of this clause will be required that will exceed the adjustment ceiling for any item, the contractor shall promptly notify the contracting officer in writing of the expected increase. The notification shall include a revised ceiling the contractor believes is sufficient to permit completion of remaining contract performance, along with appropriate explanation and documentation as required by the contracting officer.

(2) If an increase in the index would raise a contract unit price for an item above the current ceiling, the contracting officer may issue a contract modification to raise the ceiling. If the contract ceiling will not be raised, the contracting officer shall so promptly notify the contractor in writing.

(e) Invoices. The prices payable under this contract will be based on the latest adjusted unit price incorporated into the contract as of the date of order.

(f) Retroactive adjustment. This paragraph applies only if the contracting officer selected “first published index” in paragraph (b)(3). If the Government has already paid for orders delivered during an adjustment period, the contractor may request a retroactive adjustment. The contracting officer will, base the retroactive adjustment on the difference between a higher final revised index applicable to an adjustment period and the index values used in calculating the unit price for that adjustment period, subject to the adjustment ceiling in paragraph (d) and under] the following conditions:

(1) The request for equitable adjustment clearly establishes that the unit price adjustment for the adjustment period would have been higher if the final revised index had been used;, and identifies all invoices and payments to which it applies cites the specific index differences relating to the requested adjustment, and provides a calculation of the total net price adjustment for items delivered during that adjustment period.

(2) The total dollar change for items delivered is $ ($500.00 unless otherwise stated) or more for the applicable adjustment period(s).

(3) The contracting officer received the contractor's written request within 45 days following publication of the final revised index.

The contractor shall adjust its prices downward based on the difference between a lower final revised index applicable to an adjustment period and the index values used in calculating the unit price for that adjustment period, subject to the limitation in paragraph (f)(2).

(g) Revision of index. If any applicable index is discontinued or its method of derivation is altered substantially, or if the contracting officer determines that the index consistently and substantially fails to reflect market conditions, the parties shall mutually agree upon an appropriate and comparable substitute. The contracting officer will modify the contract to reflect such substitute effective on the date the index was discontinued, altered, or began to consistently and substantially fail to reflect market conditions.

(h) Final invoice. The contractor shall include a statement on the final invoice confirming it has applied all decreases required by this procurement note to the amounts invoiced.

(i) Disputes. The “Disputes” clause of the contract applies to any dispute arising under this procurement note

C06 SURGE AND SUSTAINMENT (S&S) REQUIREMENTS (FEB 2017)

C20 VENDOR SHIPMENT MODULE (VSM) (SEP 2021)

Standard Element has no Title

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 10 OF 42 PAGES

SPE8E6-23-R-0002

SECTION E - INSPECTION AND ACCEPTANCE (CONTINUED)

SECTION E - INSPECTION AND ACCEPTANCE

52.246-2 INSPECTION OF SUPPLIES FIXED PRICE (AUG 1996) FAR

SECTION F - DELIVERIES OR PERFORMANCE

52.211-8 TIME OF DELIVERY (JUN 1997) FAR

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

ITEM NO. QUANTITY WITHIN DAYS AFTER

DATE OF CONTRACT

4000 30 4000 every 30 days thereafter until completion

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

ITEM NO. QUANTITY WITHIN DAYS AFTER

DATE OF CONTRACT

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of clause)

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR

52.242-15 STOP-WORK ORDER (AUG 1989) FAR

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR

52.247-29 F.O.B. ORIGIN (FEB 2006) FAR

52.247-60 GUARANTEED SHIPPING CHARACTERISTICS (JAN 2017) FAR

(a) The offeror is requested to complete paragraph (a)(1) of this clause, for each part or component which is packed or packaged separately. This information will be used to determine transportation costs for evaluation purposes. If the offeror does not furnish sufficient data in paragraph (a)(1) of this clause, to permit determination by the Government of the item shipping costs, evaluation will be based on the shipping characteristics submitted by the offeror whose offer produces the highest transportation costs or in the absence thereof, by the Contracting Officer's best estimate of the actual transportation costs. If the item shipping costs, based on the actual shipping characteristics, exceed the item shipping costs used for evaluation purposes, the Contractor agrees that the contract price shall be reduced by an amount equal to the difference between the transportation costs actually incurred, and the costs which would have been incurred if the evaluated shipping characteristics had been accurate.

(1) To be completed by the offeror:

(i) Type of container: Wood Box [ ] Fiber Box [ ], Barrel [ ], Reel [ ], Drum [ ], Other (Specify) ;

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 11 OF 42 PAGES

SPE8E6-23-R-0002

SECTION F - DELIVERIES OR PERFORMANCE (CONTINUED)

(ii) Shipping configuration: Knocked-down [ ], Set-up [ ], Nested [ ], Other (specify) ;

(iii) Size of container: ” (Length), × ” (Width), × ” (Height) = Cubic Ft;

(iv) Number of items per container each;

(v) Gross weight of container and contents Lbs;

(vi) Palletized/skidded [ ] Yes [ ] No;

(vii) Number of containers per pallet/skid ;

(viii) Weight of empty pallet bottom/skid and sides Lbs;

(ix) Size of pallet/skid and contents Lbs Cube ;

(x) Number of containers or pallets/skids per railcar *

(A) Size of railcar

(B) Type of railcar

(xi) Number of containers or pallets/skids per trailer *

(A) Size of trailer Ft

(B) Type of trailer

* Number of complete units (line item) to be shipped in carrier's equipment.

(2) To be completed by the Government after evaluation but before contract award:

(i) Rate used in evaluation ;

(ii) Tender/Tariff ;

(iii) Item .

(b) The guaranteed shipping characteristics requested in paragraph (a)(1) of this clause do not establish actual transportation requirements, which are specified elsewhere in this solicitation. The guaranteed shipping characteristics will be used only for the purpose of evaluating offers and establishing any liability of the successful offeror for increased transportation costs resulting from actual shipping characteristics which differ from those used for evaluation in accordance with paragraph (a) of this clause.

SECTION G - CONTRACT ADMINISTRATION DATA

G01 ADDITIONAL WIDE AREA WORKFLOW (WAWF) INFORMATION (AUG 2017)

SECTION I - CONTRACT CLAUSES

52.202-1 DEFINITIONS (JUN 2020) FAR

52.203-3 GRATUITIES (APR 1984) FAR

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014) FAR

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020) FAR

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT - ALTERNATE I (NOV 2021) FAR

52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020) FAR

52.203-8 CANCELLATION, RECISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) FAR

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) FAR

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020) FAR

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021) FAR

52.203-14 DISPLAY OF HOTLINE POSTER (NOV 2021) FAR

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 12 OF 42 PAGES

SPE8E6-23-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

(a) Definition.

“United States,” as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c).

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites.

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from

(Contracting Officer shall insert ---

(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and

(ii) The website(s) or other contact information for obtaining the poster(s).)

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the threshold specified in Federal Acquisition Regulation 3.1004(b)(1) on the date of subcontract award, except when the subcontract—

(1) Is for the acquisition of a commercial product or commercial service; or

(2) Is performed entirely outside the United States.

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (JUN 2020) FAR

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS-REPRESENTATION (JAN 2017) FAR

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

FAR

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-RELATED FELONIES (DEC

2008) DFARS

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019) DFARS

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) FAR

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020) FAR

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) FAR

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016) FAR

52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (OCT 2016) FAR

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 13 OF 42 PAGES

SPE8E6-23-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

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

52.204-20 PREDECESSOR OF OFFEROR (AUG 2020) FAR

(a) Definitions. As used in this provision -- Commercial and Government Entity (CAGE) code means --

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: (or mark “Unknown”).

Predecessor legal name: .

(Do not use a “doing business as” name).

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021) FAR

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

252.204-7004 LEVEL I ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (FEB 2019) DFARS

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT

INFORMATION (OCT 2016) DFARS

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEC 2019) DFARS

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) DFARS

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 2021) FAR

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A COUNTRY

THAT IS A STATE SPONSOR OF TERRORISM (MAY 2019) DFARS

52.210-1 MARKET RESEARCH (NOV 2021) FAR

52.211-5 MATERIAL REQUIREMENTS (AUG 2000) FAR

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

(CLASS DEVIATION 2023-O0002) (DEC 2022) FAR

As prescribed in 12.301(b)(2), insert the following provision:

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision - Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 14 OF 42 PAGES

SPE8E6-23-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service -

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate -

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology -

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

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

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

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

Service-disabled veteran-owned small business concern -

(1) Means a small business concern -

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

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

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

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that -

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 15 OF 42 PAGES

SPE8E6-23-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by -

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $850,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

Women-owned small business concern means a small business concern -

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)(1) 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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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 Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

[Offeror to identify the applicable paragraphs at (c) through (v) 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…