Sol_12405B23R0012.pdf

12405B23R0012

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 46

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

108790507/07/2023 X

ARS-12405B

USDA ARS SEA AAO ACQ/PER PROP

141 EXPERIMENT STATION ROAD

STONEVILLE MS 38776

Same as Block 7 Attn: Osvaldo J. Rodriguez/ 12405B23R0012 osvaldo.rodriguez@usda.gov

1000 ET 08/07/2023

OSVALDO J RODRIGUEZ 662

osvaldo.rodriguez@usda.go v686-5415

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PAGE(S)

OSVALDO J. RODRIGUEZ

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

2-7

12-13 14-16

17-31

34-40

41-46

See Section L

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____120_________ calendar days (60 calendar days unless a different period is inserted

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 46

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12405B23R0012

(A) (B) (C) (D) (E) (F)

Delivery Location Code: ARS-124384

SEA U.S. NATIONAL POULTRY RESEARCH

950 COLLEGE STATION ROAD

ATHENS GA 30605 US

Period of Performance: 11/01/2023 to 10/31/2028

0001 Routine Operations & Maintenance Service for 12 MO

USDA, ARS, Southeast Area Laboratories; RRC and

SEPRL, Athens, GA- Base Year

Delivery: 10/31/2024

Period of Performance: 11/01/2023 to 10/31/2024

0002 Additional Task Order Work - Operations &

Maintenance Service for USDA, ARS, Southeast Area

Laboratories; RRC and SEPRL, Athens, GA- Base Year

Delivery: 10/31/2024

Period of Performance: 11/01/2023 to 10/31/2024

1001 Routine Operations & Maintenance Service for 12 MO

USDA, ARS, Southeast Area Laboratories; RRC and

SEPRL, Athens, GA- First Option Period

(Option Line Item)

09/30/2024

Delivery: 10/31/2025

Period of Performance: 11/01/2024 to 10/31/2025

1002 Additional Task Order Work - Operations &

Maintenance Service for USDA, ARS, Southeast Area

Laboratories; RRC and SEPRL, Athens, GA- First

Option Period

(Option Line Item)

09/30/2024

Delivery: 10/31/2025

Period of Performance: 11/01/2024 to 10/31/2025

2001 Routine Operations & Maintenance Service for 12 MO

USDA, ARS, Southeast Area Laboratories; RRC and

SEPRL, Athens, GA- Second Option Period

(Option Line Item)

09/30/2025

Delivery: 10/31/2026

Period of Performance: 11/01/2025 to 10/31/2026

2002 Additional Task Order Work - Operations &

Continued ...

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

3 46

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12405B23R0012

(A) (B) (C) (D) (E) (F)

Maintenance Service for USDA, ARS, Southeast Area

Laboratories; RRC and SEPRL, Athens, GA- Second

Option Period

(Option Line Item)

09/30/2025

Delivery: 10/31/2026

Period of Performance: 11/01/2025 to 10/31/2026

3001 Routine Operations & Maintenance Service for 12 MO

USDA, ARS, Southeast Area Laboratories; RRC and

SEPRL, Athens, GA- Third Option Period

(Option Line Item)

09/30/2026

Delivery: 10/31/2027

Period of Performance: 11/01/2026 to 10/31/2027

3002 Additional Task Order Work - Operations &

Maintenance Service for USDA, ARS, Southeast Area

Laboratories; RRC and SEPRL, Athens, GA- Third

Option Period

(Option Line Item)

09/30/2026

Delivery: 10/31/2027

Period of Performance: 11/01/2026 to 10/31/2027

4001 Routine Operations & Maintenance Service for 12 MO

USDA, ARS, Southeast Area Laboratories; RRC and

SEPRL, Athens, GA- Fourth Option Period

(Option Line Item)

09/30/2027

Delivery: 10/31/2028

Period of Performance: 11/01/2027 to 10/31/2028

4002 Additional Task Order Work - Operations &

Maintenance Service for USDA, ARS, Southeast Area

Laboratories; RRC and SEPRL, Athens, GA- Fourth

Option Period

(Option Line Item)

09/30/2027

Delivery: 10/31/2028

Period of Performance: 11/01/2027 to 10/31/2028

5001 Routine Operations & Maintenance Service for 6 MO

USDA, ARS, Southeast Area Laboratories; RRC and

SEPRL, Athens, GA- 52.217-8 Option Period. (Note:

Continued ...

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

4 46

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12405B23R0012

(A) (B) (C) (D) (E) (F)

The option may be exercised for any amount of months, but the total extension of performance hereunder shall not exceed 6 months)

(Option Line Item)

09/30/2028

Delivery: 04/30/2029

Period of Performance: 11/01/2028 to 04/30/2029

5002 Additional Task Order Work - Operations &

Maintenance Service for USDA, ARS, Southeast Area

Laboratories; RRC and SEPRL, Athens, GA- 52.217-8

Option Period. (Note: The option may be exercised for any amount of months, but the total extension of performance hereunder shall not exceed 6 months)

(Option Line Item)

09/30/2028

Delivery: 04/30/2029

Period of Performance: 11/01/2028 to 04/30/2029

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCOPE OF THE CONTRACT

The Contractor shall furnish all necessary personnel, materials, supplies, services, and equipment to include rental equipment to operate and perform Operations and Maintenance support at the U.S. Department of Agriculture, Agricultural Research Service, US National Poultry Research Center Facilities in Athens, GA in accordance with the terms and conditions and the Performance Work Statement (PWS).

B.1.1 TYPE OF CONTRACT

This is a combination Firm Fixed Price and Indefinite Delivery/Indefinite Quantity Service type contract.

B.1.2 ROUTINE WORK (FIRM-FIXED PRICE)

Routine work is all work that is defined in the Performance Work Statement (PWS) to be done on a scheduled or regular basis. Routine services include all labor, supplies, materials, equipment, and subcontracts deemed necessary to perform the requirements of the PWS.

B.1.3 ADDITIONAL WORK (IDIQ)

Additional work is defined in Article G.2.

B.2 MINIMUM GUARANTEE

The minimum guarantee for this contract is $2,500 or the value of the first task order, whichever is greater.

B.3 SET-ASIDE

8(a) Small Business. This requirement is 100% set-aside for 8(a) Small Business.

B.4 NAICS CODE

The NAICS Code assigned to this procurement is 561210 with a small business size standard of $47M.

B.5 BID GUARANTEE/BONDING REQUIREMENTS

Bonds are NOT REQUIRED for this requirement.

B.6 PRICE SCHEDULE

The Government will pay the contractor in accordance with the following:

B.6.1 BASE PERIOD – 11/1/23 through 10/31/2024 The FFP Unit Price for CLIN 0001 shall be a monthly lump sum to provide 12 months of Routine Work as outlined in the PWS for the above stated period of performance. CLIN 0002 will be awarded with a not to exceed limit therefore not separately priced. Fully burdened labor rates shall be used for pricing Task Orders for additional work issued against CLIN 0002 during the above stated period of performance. The Government does not guarantee a specific volume of additional work/hours.

B.6.2 FIRST OPTION PERIOD – 11/1/24 through 10/31/2025 The FFP Unit Price for CLIN 1001 shall be a monthly lump sum to provide 12 months of Routine Work as outlined in the PWS for the above stated period of performance. CLIN 1002 will be awarded with a not to exceed limit therefore not separately priced. Fully burdened labor rates shall be used for pricing Task Orders for additional work issued against CLIN 1002 during the above stated period of performance. The Government does not guarantee a

B.6.3 SECOND OPTION PERIOD – 11/1/25 through 10/31/2026 The FFP Unit Price for CLIN 2001 shall be a monthly lump sum to provide 12 months of Routine Work as outlined in the PWS for the above stated period of performance. CLIN 2002 will be awarded with a not to exceed limit therefore not separately priced. Fully burdened labor rates shall be used for pricing Task Orders for additional work issued against CLIN 2002 during the above stated period of performance. The Government does not guarantee a

B.6.4 THIRD OPTION PERIOD – 11/1/26 through 10/31/2027 The FFP Unit Price for CLIN 3001 shall be a monthly lump sum to provide 12 months of Routine Work as outlined in the PWS for the above stated period of performance. CLIN 3002 will be awarded with a not to exceed limit therefore not separately priced. Fully burdened labor rates shall be used for pricing Task Orders for additional work issued against CLIN 3002 during the above stated period of performance. The Government does not guarantee a

B.6.5 FOURTH OPTION PERIOD – 11/1/27 through 10/31/2028 The FFP Unit Price for CLIN 4001 shall be a monthly lump sum to provide 12 months of Routine Work as outlined in the PWS for the above stated period of performance. CLIN 4002 will be awarded with a not to exceed limit therefore not separately priced. Fully burdened labor rates shall be used for pricing Task Orders for additional work issued against CLIN 4002 during the above stated period of performance. The Government does not guarantee a

B.6.6 52.217-8 OPTION PERIOD – 11/1/28 through 4/30/2029 The FFP Unit Price for CLIN 5001 shall be a monthly lump sum to provide up to 6 months of Routine Work as outlined in the PWS for the above stated period of performance. CLIN 5002 will be awarded with a not to exceed limit therefore not separately priced. Fully burdened labor rates shall be used for pricing Task Orders for additional work issued against CLIN 5002 during the above stated period of performance. The Government does not guarantee a specific volume of additional work/hours.

B.7 PHASE-IN PERIOD

The phase-in period shall consist of up to 30 days prior to the commencement of the performance period.

B.8 ADJUSTMENTS RESULTING FROM DEPARTMENT OF LABOR WAGE DETERMINATION

REVISIONS

Annually, the Government shall provide the Contractor with Department of Labor Wage Determinations. Any future adjustments for option periods will be calculated based on the configuration of employees at the time of award.

B.9 OVERTIME RATE

If overtime is proposed for any additional work, it will be paid at a rate of one and a half times the DOL and/or Collective Bargaining Labor rate. The contractor shall obtain Contracting Officer (CO) approval for overtime in advance of working.

B.10 ESTIMATED HOURS FOR ADDITIONAL WORK

SCA Labor Categories

Base Period

First Option Period

Second Option Period

Third Option Period

Fourth Option Period

52.217-8 Option

Material Coordinator 1 1 1 1 1 1 Forklift Operator 10 10 10 10 10 5 Receptionist 1 1 1 1 1 1 Janitor – Lead 10 10 10 10 10 5 Janitor 50 50 50 50 50 25 Carpenter 1200 1200 1200 1200 1200 600 Painter 50 50 50 50 50 25 Machinery Maintenance Mechanic

100 100 100 100 100

Grounds Maintenance Laborer 50 50 50 50 50 25 Gardner 1 1 1 1 1 1 Tractor Operator 20 20 20 20 20 10 Lead Electrician 50 50 50 50 50 25 Electronics Technician III 200 200 200 200 200 100 Electrician 400 400 400 400 400 200

Pipefitter 100 100 100 100 100 50 Plumber 300 300 300 300 300 150 HVACR Mechanic 150 150 150 150 150 75 General Maintenance Worker 55 55 55 55 55 25 Stationary Engineers 1 1 1 1 1 1 Motor Vehicle Mechanic 50 50 50 50 50 25 DBA Labor Categories Carpenter 150 150 150 150 150 75 Painter 300 300 300 300 300 150 Welder/Sheet Metal Maintenance

50 50 50 50 50

Roofer 100 100 100 100 100 50 Lead Electrician 50 50 50 50 50 25 Electrician, Maintenance 150 150 150 150 150 75 HVAC/R Installer 100 100 100 100 100 50 Pipefitter 60 60 60 60 60 30 Plumber 100 100 100 100 100 50

END OF SECTION

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Performance Work Statement referenced in Section J.

(End of Clause)

C.2 AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The attachments to the Performance Work Statement listed in Section J are hereby made a part of this solicitation and any resultant contract.

C.3 USDA BIOPREFERRED PROGRAM

The United States Department of Agriculture (USDA) designates certain biobased products for federal procurement and specifies minimum biobased content levels for those products. Any designated product that is being offered or supplied under this contract shall meet USDA BioPreferred’s minimum biobased content level. Visit the BioPreferred web site for the complete list of designated products and the associated minimum biobased content/ level requirements.

https://biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml

The Contractor must comply with the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

SECTION D – PACKAGING AND MARKING

D.1 AGAR 452.247-71 MARKING DELIVERABLES (FEB 1988)

a) The contract number and/or the task order number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items call for by the contract.

b) Mark deliverables, except for reports, for:

United States Department of Agriculture, Agricultural Research Service US National Poultry Research Center Attn: ‘COR Name’, 950 College Station Road Athens, GA 30605

SECTION E – INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1988)

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 (CO) will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far/ or http://www.acquisition.gov/agar

FAR 52.246-2 Inspection of Supplies-Fixed Price (Aug 1996) FAR 52.246-4 Inspection of Services-Fixed Price (Aug 1996) FAR 52.246-12 Inspection of Construction (Aug 1996) FAR 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (Aug 1996) FAR 52.246-16 Responsibility for Supplies (Apr 1984)

E.2 AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

a) The CO/ COR or their duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

b) Inspection and acceptance shall be performed at:

Richard B. Russell Agricultural Research Center (RRC) 950 College Station Road Athens, GA 30605

Southeast Poultry Research Laboratory (SEPRL) 934 College Station Road Athens, GA 30605

SECTION F – DELIVERIES OR PERFORMANCE

F.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1988)

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 (CO) will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far/ or http://www.acquisition.gov/agar

FAR 52.242-14 Suspension of Work (Apr 1984) FAR 52.242-15 Stop-Work Order (Aug 1989) FAR 52.242-17 Government Delay of Work (Apr 1984)

F.2 REPORTING REQUIREMENTS

In addition to reporting called out in the clauses and provisions, the Contractor shall provide the deliverables/reports as specified in the PWS.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION

A Contracting Officer (CO) is the only person authorized to approve any change in the scope of work of this contract. The authority remains solely with a Contracting Officer. In the event the Contractor effects any changes at the direction of any person other than a Contracting Officer, the changes will be considered to have been made without authority and NO adjustment will be made in the contract price to cover any INCREASE incurred as a result thereof.

G.2 ADDITIONAL WORK

Additional work is defined as work that is not part of the routine work for operations and maintenance support for the Center. Specific work or tasks is work within the scope of the contract but may not be part of the day-to-day operations and is defined in accordance with the Performance Work Statement.

Prior to starting any additional work the contractor shall submit a proposal to the CO and COR for evaluation and approval. Proposals shall be numbered sequentially and shall include a narrative describing the proposed work, a tentative schedule for starting and completing the work, and a cost breakdown detailing all associated costs. The cost breakdown shall, at a minimum, price out separately all costs for labor including the number of hours and wage rate per craft using the fully burdened rates in Section B, materials, equipment, all subcontractor costs, overhead and profit. The CO shall issue an order prior to the commencement of any additional work. A firm fixed price Task Order will be issued to the Contractor by the CO for approved work citing funding or supplemental funding, and payment will be processed upon completion by invoice as described in Section G.4.

G.2.1 URGENT OR EMERGENCY WORK

The Contractor shall immediately notify the CO and COR of any emergency or unanticipated event that interrupts normal operations of the facility. If work is of such urgency that is cannot be awarded and negotiated in a timely manner, the CO may give oral direction to the Contractor. The Contractor shall submit a proposal for all urgent or emergency work as outlined in Section G.2 within two (2) working days from the time the oral direction is issued.

Once the Contractor’s proposal has been evaluated by the Government, oral direction for additional work will be confirmed in writing by the CO through the issuance of a Task Order.

Urgent or unanticipated work not expected to exceed $2,500.00 for services and $2,000.00 for construction may be ordered by an authorized Government user via a Government Purchase Card. When receiving Government Purchase Card orders, the Contractor shall provide services without additional markup or handling fees.

G.3 INVOICE PREPARATION AND SUBMISSION

Based upon acceptance of the required contract deliverables, the Contractor shall submit properly prepared invoices monthly via the Invoice Processing Platform (www.ipp.gov). Each invoice shall reflect the monthly fixed price.

Additional work shall be invoiced monthly after acceptance of the work by the Government and shall include the work order number and delivery order number.

The Contractor shall, at a minimum, include the following information to comply with the proper invoice submission procedures identified in FAR 32.905:

1) Name and address of the Contractor

2) Invoice date and invoice number

3) Contract number or other authorization for supplies delivered or services performed

4) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed

5) Shipping and payment terms

6) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper Notice of Assignment)

7) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice

8) Taxpayer Identification Number (TIN). The Contractor must include its TIN on the invoice only if required by agency procedures

9) Electronic funds transfer (EFT) banking information.

NOTE: Invoices that do not contain all proper information described above will be returned to the contractor for correction, re-dating of invoice, and re-submission for payment.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 21 days after the date of contract award. The conference will be held at: via Microsoft Teams

H.2 AGAR 452.224-70 CONFIDENTIALITY OF INFORMATION (FEB 1988)

(a) Confidential information, as used in this clause, means --

(1) information or data of a personal nature, proprietary about an individual, or

(2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract.

Failure to agree will be settled pursuant to the "Disputes" clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

H.3 AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

H.4 AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION (NOV 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

(End of clause)

H.5 AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

The Contractor shall assign to this contract the following key personnel who will manage performance and supervise the work under this contract.

Project Manager

During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the CO within fifteen (15) calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the CO at least 15 days prior to making any permanent substitutions.

The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the CO. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The CO will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H.6 AGAR 452.237-75 RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

H.7 CHLOROFLUOROCARBON (CFC) AND HYDROCHLOROFLUOROCARBON (HCFC)

REFRIGERANTS

(a) Do not purchase any new equipment that uses R-22 or other HCFCs as refrigerants;

(b) If equipment using CFCs or HCFCs is being replaced or undergoing major repairs, do not replace it in kind.

Replace it with equipment using ozone-friendly HFC refrigerants. Use alternatives to ozone depleting substances as approved by the Environmental Protection Agency (EPA) Significant New Alternatives Policy (SNAP) program.

HCFC gas may be purchased for maintenance if it is not cost effective to replace existing serviceable equipment.

Some equipment may be converted;

(c) Halon fire suppressants are prohibited;

(d) Recycle refrigerants. Recovery and recycling of refrigerants must be done by licensed and trained professionals.

Do not vent them to the atmosphere.

SECTION I – CONTRACT CLAUSES

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1988)

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 (CO) will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far/ or http://www.acquisition.gov/agar

FAR 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 52.203-7 Anti-Kickback Procedures (Jun 2020) FAR 52.203-8 Cancellation, Rescission, 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 Limitations on Payments to Influence Certain Federal Transactions (Jun 2020) FAR 52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021) FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of

Whistleblower Rights (Jun 2020) FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 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 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) FAR 52.204-19 Incorporation By Reference of Representations and Certifications (Dec 2014) FAR 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) FAR 52.207-3 Right of First Refusal of Employment (May 2006) FAR 52.208-9 Contractor Use of Mandatory Sources of Supply or Services (May 2014) FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021) FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) FAR 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015) FAR 52.210-1 Market Research (Nov 2021) FAR 52.215-2 Audit and Records-Negotiation (Jun 2020) FAR 52.215-8 Order of Precedence-Uniform Contract Format (Oct 1997) FAR 52.215-14 Integrity of Unit Prices (Nov 2021) FAR 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020) FAR 52.219-8 Utilization of Small Business Concerns (Oct 2022) FAR 52.219-14 Limitations on Subcontracting (Oct 2022) FAR 52.219-28 Post-Award Small Business Program Rerepresentation (Mar 2023) FAR 52.222-1 Notice to the Government of Labor Disputes (Feb 1997) FAR 52.222-3 Convict Labor (Jun 2003) FAR 52.222-4 Contract Work Hours and Safety Standards-Overtime Compensation (May 2018) FAR 52.222-6 Construction Wage Rate Requirements (Aug 2018) FAR 52.222-7 Withholding of Funds (May 2014) FAR 52.222-8 Payrolls and Basic Records (Jul 2021) FAR 52.222-9 Apprentices and Trainees (Jul 2005) FAR 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) FAR 52.222-11 Subcontracts (Labor Standards) (May 2014) FAR 52.222-12 Contract Termination-Debarment (May 2014) FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014) FAR 52.222-14 Disputes Concerning Labor Standards (Feb 1988) FAR 52.222-15 Certification of Eligibility (May 2014) FAR 52.222-21 Prohibition of Segregated Facilities (Apr 2015) FAR 52.222-26 Equal Opportunity (Sep 2016) FAR 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015)

FAR 52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual Method) (Aug 2018) FAR 52.222-37 Employment Reports on Veterans (Jun 2020) FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) FAR 52.222-41 Service Contract Labor Standards (Aug 2018) FAR 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) FAR 52.222-50 Combating Trafficking in Persons (Nov 2021) FAR 52.222-54 Employment Eligibility Verification (May 2022) FAR 52.222-55 Minimum Wages Under Executive Order 14026 (Jan 2022) FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) FAR 52.223-1 Biobased Product Certification (May 2012) FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep

2013) FAR 52.223-3 ALT I, Hazardous Material Identification and Material Safety Data (Jul 1995) FAR 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) FAR 52.223-6 Drug-Free Workplace (May 2001) FAR 52.223-10 Waste Reduction Program (May 2011) FAR 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun

2016) FAR 52.223-15 Energy Efficiency in Energy-Consuming Products (May 2020) FAR 52.223-16 Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) FAR 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (Aug

2018) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) FAR 52.223-19 Compliance with Environmental Management Systems (May 2011) FAR 52.223-20 Aerosols (Jun 2016) FAR 52.223-21 Foams (Jun 2016) FAR 52.224-1 Privacy Act Notification (Apr 1984) FAR 52.224-2 Privacy Act (Apr 1984) FAR 52.224-3 Privacy Training (Jan 2017) FAR 52.225-1 Buy American-Supplies (Oct 2022) FAR 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) FAR 52.227-1 Authorization and Consent (Jun 2020) FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Jun 2020) FAR 52.227-23 Rights to Proposal Data (Technical) (Jun 1987) FAR 52.228-5 Insurance-Work on a Government Installation (Jan 1997) FAR 52.229-3 Federal, State, and Local Taxes (Feb 2013) FAR 52.232-1 Payments (Apr 1984) FAR 52.232-5 Payments Under Fixed-Price Construction Contracts (May 2014) FAR 52.232-8 Discounts for Prompt Payment (Feb 2002) FAR 52.232-9 Limitation on Withholding of Payments (Apr 1984) FAR 52.232-11 Extras (Apr 1984) FAR 52.232-16 ALT I, Progress Payments (Nov 2021) FAR 52.232-17 Interest (May 2014) FAR 52.232-18 Availability of Funds (Apr 1984) FAR 52.232-23 Assignment of Claims (May 2014) FAR 52.232-25 Prompt Payment (Jan 2017) FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) FAR 52.232-36 Payment by Third Party (May 2014) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) FAR 52.233-1 ALT I, Disputes (May 2014) FAR 52.233-3 Protest After Award (Aug 1996) FAR 52.233-4 Applicable Law For Breach Of Contract Claim (Oct 2004) FAR 52.236-2 Differing Site Conditions (Apr 1984) FAR 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984)

FAR 52.236-4 Physical Data (Apr 1984) FAR 52.236-5 Material and Workmanship (Apr 1984) FAR 52.236-6 Superintendence by the Contractor (Apr 1984) FAR 52.236-7 Permits and Responsibilities (Nov 1991) FAR 52.236-8 Other Contracts (Apr 1984) FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) FAR 52.236-10 Operations and Storage Areas (Apr 1984) FAR 52.236-11 Use and Possession Prior to Completion (Apr 1984) FAR 52.236-12 Cleaning Up (Apr 1984) FAR 52.236-13 Accident Prevention (Nov 1991) FAR 52.236-14 Availability and Use of Utility Services (Apr 1984) FAR 52.236-15 Schedules for Construction Contracts (Apr 1984) FAR 52.236-21 Specifications and Drawings for Construction (Feb 1997) FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) FAR 52.237-3 Continuity of Services (Jan 1991) FAR 52.242-13 Bankruptcy (Jul 1995) FAR 52.243-1 ALT II, Changes-Fixed Price (Apr 1987) FAR 52.243-5 Changes and Changed Conditions (Apr 1984) FAR 52.244-5 Competition in Subcontracting (Dec 1996) FAR 52.245-1 ALT I, Government Property (Sep 2021) FAR 52.245-2 Government Property Installation Operation Services (Apr 2012) FAR 52.245-9 Use and Charges (Apr 2012) FAR 52.246-20 Warranty of Services (May 2001) FAR 52.246-21 Warranty of Construction (Mar 1994) FAR 52.246-25 Limitation of Liability-Services (Feb 1997) FAR 52.247-21 Contractor Liability for Personal Injury and/or Property Damage (Apr 1984) FAR 52.248-1 Value Engineering (Jun 2020) FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) FAR 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) FAR 52.249-10 Default (Fixed-Price Construction) (Apr 1984) FAR 52.249-14 Excusable Delays (Apr 1984) FAR 52.251-1 Government Supply Sources (Apr 2012) FAR 52.253-1 Computer Generated Forms (Jan 1991) EO 13495 Nondisplacement of Qualified Workers Under Service Contracts (Jan 2009)

I.2 CONTRACT CLAUSES INCLUDED BY FULL TEXT

FAR 52.216-18 – Ordering (Aug 2020)

1. Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through the effective period of the contract.

2. All delivery orders or task orders are subject to the terms and conditions of the contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

3. If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

FAR 52.216-19 – Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of $25,000.00;

(2) Any order for a combination of items in excess of $25,000.00; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 – Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the effective period of the contract.

FAR 52.217-8 – Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

FAR 52.217-9 – Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

FAR 52.219-11 – Special 8(a) Contract Conditions (Jan 2017) The Small Business Administration (SBA) agrees to the following:

(a) To furnish the supplies or services set forth in this contract according to the specifications and the terms and conditions hereof by subcontracting with an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(b) That in the event SBA does not award a subcontract for all or a part of the work hereunder, this contract may be terminated either in whole or in part without cost to either party.

(c) Except for novation agreements delegate to the United States Department of Agriculture (USDA) the responsibility for administering the subcontract to be awarded hereunder with complete authority to take any action on behalf of the Government under the terms and conditions of the subcontract; provided, however, that the USDA shall give advance notice to the SBA before it issues a final notice terminating the right of a subcontractor to proceed with further performance, either in whole or in part, under the subcontract for default or for the convenience of the Government.

(d) That payments to be made under any subcontract awarded under this contract will be made directly to the subcontractor by the USDA.

(e) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the Contracting Officer cognizable under the “Disputes” clause of said subcontract.

(f) To notify the USDA Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

FAR 52.219-17 – Section 8(a) Award (Oct 2019)

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(2) Except for novation agreements, delegates to the United States Department of Agriculture (USDA) ARS SEA the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.

(4) To notify the USDA ARS SEA Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the “Disputes” clause of the subcontract.

(b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.

FAR 52.219-18 – Notification of Competition Limited to Eligible 8(a) Participants (Oct 2022)

(a) Offers are solicited only from—

(1) Small business concerns expressly certified by the Small Business Administration (SBA) for participation in SBA's 8(a) program and which meet the following criteria at the time of submission of offer—

(i) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(ii) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by SBA;

(2) A joint venture, in which at least one of the 8(a) program participants that is a party to the joint venture complies with the…