Sol_1333MK26Q0005.pdf
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- Attached to
- TRANSIT THE ST LAWRENCE SEAWAY AND WELLAND CANAL
- Solicitation number
- 1333MK26Q0005
About this file
This is a Request for Quote (RFQ) for vessel pilotage and port services for the NOAA Ship Thomas Jefferson transiting the St. Lawrence Seaway and Welland Canal. The solicitation (1333MK26Q0005) is set aside for Women-Owned Small Business (WOSB) concerns and seeks an agent to provide English-speaking pilotage, coordinate pilot transfers, manage anchorages and locks, and pay associated fees for four specific transits during 2026. The base period of performance is from March 1, 2026 through October 31, 2026, with potential option periods.
The contract will be awarded on a best value basis considering experience/past performance and price, with a North American Industry Classification System (NAICS) code of 488310 (Port and Harbor Operations). Offerors must submit quotes electronically by November 28, 2025 at 5:00 PM ET, including detailed pricing, references, SAM registration, and compliance with various federal requirements. The government will only pay for actual services used, and the contractor cannot charge for standby services. The place of performance is the St. Lawrence Seaway and Welland Canal, with round-trip transits planned in April (upbound), April (Welland Canal upbound), June (Welland Canal downbound), and September (downbound).
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Other files
| File | Type | Posted |
|---|---|---|
| 1333MK26Q0005 Ammend 0002.pdf | ||
| Sol_1333MK26Q0005_Amd_0001.pdf | ||
| Statement_Of_Work_Final.pdf |
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Text version
WOMEN-OWNED SMALL
BUSINESS (WOSB)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NUMBER 3.AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NUMBER
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
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE
. 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
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4.
FAR 52.212-3 AND 52.212-5 ARE ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.
8(A)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.
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
DATED.
OFFER
ADDENDA
ADDENDA
1333MK26Q0005
NOAA Ship Thomas Jefferson
TRANSIT THROUGH THE ST LAWRENCE
See Schedule
OMAO Field Delegates
601 EAST 12TH STREET SUITE 1746
KANSAS CITY MO 64106
11/28/2025 0900 ES
ALEXANDER CANCELA
OMAO-FD
OMAO-FD
ALEXANDER CANCELA
488310
$47
11/12/2025
ADMINISTERED BY:
OMAO Field Delegates
601 EAST 12TH STREET SUITE 1746
KANSAS CITY MO 64106 USA
DELIVER TO:
MARINE OPERATIONS CENTER
Continued...
STOCK RECORD (S/R)
STANDARD FORM 1449 (REV. 11/2021) BACK
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS
40. PAID BY
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER
36. PAYMENT
COMPLETE PARTIAL FINAL
ACCEPTED,
439 WEST YORK STREET
/MOAX1
NORFOLK VA 23510 USA
PERIOD OF PERFORMANCE:
01-MAR-2026 THRU 31-OCT-2026
PLACE OF PERFORMANCE:
THE ST LAWRENCE SEAWAY AND WELLAND CANAL
(ROUND-TRIP).
THE GOVERNMENT WILL AWARD A FIRM FIXED PRICE
CONTRACT BASED ON BEST VALUE TO THE GOVERNMENT:
EXPERIENCE/ PAST PERFORMANCE, AND PRICE. OPTION
CLIN WILL ALSO BE EVALUATED BASED ON THE
OVERALL AVAILABILITY AND BEST PRICE.
THIS ACQUISITION IS AVAILABLE UNRESTRICTED
UNDER FULL AND OPEN COMPETITION UNDER NAICS
CODE 488310, PORT AND HARBOR OPERATIONS AND THE
PRODUCT SERVICE CODE IS M2BZ.
PLEASE REVIEW THE ATTACHED RFQ 1333MK26Q0005
AND PROVIDE THE FOLLOWING INFORMATION WITH THE
OFFER:
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
NSN 7540-01-152-8067
1. PLEASE PROVIDE NAME, ADDRESS, TELEPHONE
NUMBER, EMAIL, UNIQUE ENTITY ID, CAGE #, AND
TAX ID.
2. PROVIDE PAGE ONE OF YOUR SAM REGISTRATION;
ENSURE IT IS AN ACTIVE ACCOUNT.
3. PLEASE PROVIDE A DETAILED AND ITEMIZED COST
TO INCLUDE THE TOTAL AMOUNT PER STATEMENT OF
REQUIREMENTS AND PER LINE ITEMS (IN AN EXCEL
SPREADSHEET AND EXPLAINED HOW EACH SERVICE IS
BEING QUOTED).
4. INCLUDE A STATEMENT SPECIFYING TO THE EXTENT
OF THE AGREEMENT WITH ALL OF THE TERMS,
CONDITIONS, AND PROVISION INCLUDED IN THIS
RFQ.QUOTES THAT REJECTS THE TERMS AND
CONDITIONS OF THIS RFQ MAY BE EXCLUDED FROM
CONSIDERATION.
5. ACKNOWLEDGEMENT OF SOLICITATION AMENDMENTS
(SF-30) IF ANY.
6. PLEASE PROVIDE AT LEAST THREE REFERENCES FOR
JOBS PERFORMED WITHIN THE PAST THREE YEARS THAT
ARE THE SAME OR SIMILAR IN IN SCOPE
SPECIFICALLY IN "VESSEL HUSBANDRY/ PORT
SERVICES".
VENDOR SHALL PROVIDE A POINT OF CONTACT THAT
INCLUDES NAME, TELEPHONE NUMBER, EMAILS AND A
DETAIL DESCRIPTION OF THE SERVICE PERFORMED AND
PRICE.
ALL RESPONSIBLE SOURCES MAY SUBMIT A QUOTATION
WHICH SHALL BE CONSIDERED BYTHE AGENCY. QUOTES
MUST BE SUBMITTED VIA ELECTRONIC MEANS (EMAIL)
NO LATER THAN NOVEMBER 28, 2025 AT 5:00 P.M.
EASTERN TIME (ET). TO
ALEXANDER.CANCELA@NOAA.GOV.
THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY
FOR NONRECEIPT OF EMAIL. IT IS THE CONTRACTOR'S
RESPONSIBILITY TO REQUEST A CONFIRMATION OF THE
EMAIL RECEIPT.
ALL QUESTIONS MUST BE SUBMITTED IN WRITING TO
ALEXANDER.CANCELA@NOAA.GOV NO LATER THAN BY
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
NOVEMBER 24, 2025, AT 9:00 A.M. ET. TELEPHONE
INQUIRIES WILL NOT BE HONORED.
CONTRACTORS ARE ENCOURAGED TO REGISTER WITH THE
FEDBIZOPPS VENDOR NOTIFICATION SERVICE AS WELL
AS THE INTERESTED VENDORS LIST FOR THIS
ACQUISITION (SEE APPLICABLE TAB WITHIN SAM.GOV
WHERE THIS SYNOPSIS/ SOLICITATION IS POSTED).
QUOTERS MUST BE REGISTERED IN THE SAM DATABASE
TO BE CONSIDERED FOR THIS AWARD. REGISTRATION
IS FREE AND CAN BE COMPLETED ON-LINE AT HTTP://
WWW.SAM.GOV/.
FOR CLAUSES AND PROVISION PLEASE SEE ATTACHED
STANDARD FORM 1449 1333MK26Q0005.
0001 TRANSIT OF THE ST. LAWRENCE SEAWAY UPBOUND. THE
PLANNED ARRIVAL AT LES ESCOUMINS TO COMMENCE
THE TRANSIT IS ON OR ABOUT 07 APRIL 2026. THE
SHIP IS RESTRICTED TO TRANSITING LOCKS DURING
THE DAYTIME ONLY, SO EXPECTS TO ANCHOR
OVERNIGHT SEVERAL TIMES THROUGH THE TRANSIT.
THE AGENT SHALL PROVIDE AND PERFORM TO
STANDARDS AS FOLLOWS.
A) PROVIDE ENGLISH SPEAKING PILOTAGE FOR THE
SHIP TO TRANSIT FROM LES ESCOUMINS TO CAPE
VINCENT.
B) COORDINATE PILOT ARRIVALS AND DEPARTURES,
AND TRANSFERS OF PILOTS TO AND FROM THE SHIP
INCLUDING AT ANCHORAGE.
C) COORDINATE ANCHORAGES AND LOCKS.
D) PAY ANY ASSOCIATED FEES AND TOLLS, AND
FACILITATE ALL REQUIRED DOCUMENTATION AND
ADMINISTRATION.
EACH CLIN IS INDEPENDENT FROM EACH OTHER,
THEREFORE THE VENDOR SHALL CONFIRM SERVICES
REQUESTED PER EACH CLIN AND DATES OF ARRIVAL/
DEPARTURE. THE GOVERNMENT SHALL ONLY PAY FOR
ACTUAL USAGE OF SERVICES. VENDOR SHALL ONLY
CHARGE FOR ACTUAL USAGE OF SERVICES, VENDOR
SHALL NOT CHARGE THE GOVERNMENT FOR ANY STANDBY
SERVICES.
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
Product/Service Code: M2BZ
0002 TRANSIT OF THE WELLAND CANAL UPBOUND. THE
PLANNED ARRIVAL AT PORT WELLER TO COMMENCE THE
WELLAND CANAL TRANSIT IS ON OR ABOUT 12 APRIL
2026. THE SHIP IS RESTRICTED TO TRANSITING
LOCKS DURING THE DAYTIME ONLY, SO WILL NEED TO
COMMENCE THE TRANSIT IN THE EARLY MORNING. THE
AGENT SHALL PROVIDE AND PERFORM TO STANDARDS AS
FOLLOWS.
A) PROVIDE ENGLISH SPEAKING PILOTAGE FOR THE
SHIP TO TRANSIT THE WELLAND CANAL.
B) COORDINATE PILOT ARRIVALS AND DEPARTURES,
AND TRANSFERS OF PILOTS TO AND FROM THE SHIP.
C) COORDINATE LOCKS.
D) PAY ANY ASSOCIATED FEES AND TOLLS, AND
FACILITATE ALL REQUIRED DOCUMENTATION AND
ADMINISTRATION.
EACH CLIN IS INDEPENDENT FROM EACH OTHER,
THEREFORE THE VENDOR SHALL CONFIRM SERVICES
REQUESTED PER EACH CLIN AND DATES OF ARRIVAL/
DEPARTURE. THE GOVERNMENT SHALL ONLY PAY FOR
ACTUAL USAGE OF SERVICES. VENDOR SHALL ONLY
CHARGE FOR ACTUAL USAGE OF SERVICES, VENDOR
SHALL NOT CHARGE THE GOVERNMENT FOR ANY STANDBY
SERVICES.
Product/Service Code: M2BZ
0003 TRANSIT OF THE WELLAND CANAL DOWNBOUND. THE
PLANNED ARRIVAL AT PORT COLBORNE TO COMMENCE
THE WELLAND CANAL TRANSIT IS ON OR ABOUT JUNE
2026. THE SHIP IS RESTRICTED TO TRANSITING
LOCKS DURING THE DAYTIME ONLY, SO WILL NEED TO
COMMENCE THE TRANSIT IN THE EARLY MORNING. THE
AGENT SHALL PROVIDE AND PERFORM TO STANDARDS AS
FOLLOWS.
A) PROVIDE ENGLISH SPEAKING PILOTAGE FOR THE
SHIP TO TRANSIT THE WELLAND CANAL.
B) COORDINATE PILOT ARRIVALS AND DEPARTURES,
AND TRANSFERS OF PILOTS TO AND FROM THE SHIP.
C) COORDINATE LOCKS.
D) PAY ANY ASSOCIATED FEES AND TOLLS, AND
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
FACILITATE ALL REQUIRED DOCUMENTATION AND
ADMINISTRATION.
EACH CLIN IS INDEPENDENT FROM EACH OTHER,
THEREFORE THE VENDOR SHALL CONFIRM SERVICES
REQUESTED PER EACH CLIN AND DATES OF ARRIVAL/
DEPARTURE. THE GOVERNMENT SHALL ONLY PAY FOR
ACTUAL USAGE OF SERVICES. VENDOR SHALL ONLY
CHARGE FOR ACTUAL USAGE OF SERVICES, VENDOR
SHALL NOT CHARGE THE GOVERNMENT FOR ANY STANDBY
SERVICES.
Product/Service Code: M2BZ
0004 TRANSIT OF THE ST. LAWRENCE SEAWAY DOWNBOUND.
THE PLANNED ARRIVAL AT CAPE VINCENT TO COMMENCE
THE TRANSIT IS ON OR ABOUT SEPTEMBER 2026. THE
SHIP IS RESTRICTED TO TRANSITING LOCKS DURING
THE DAYTIME ONLY, SO EXPECTS TO ANCHOR
OVERNIGHT SEVERAL TIMES THROUGH THE TRANSIT.
THE AGENT SHALL PROVIDE AND PERFORM TO
STANDARDS AS FOLLOWS.
A) PROVIDE ENGLISH SPEAKING PILOTAGE FOR THE
SHIP TO TRANSIT FROM LES ESCOUMINS TO CAPE
VINCENT.
B) COORDINATE PILOT ARRIVALS AND DEPARTURES,
AND TRANSFERS OF PILOTS TO AND FROM THE SHIP
INCLUDING AT ANCHORAGE.
C) COORDINATE ANCHORAGES AND LOCKS.
D) PAY ANY ASSOCIATED FEES AND TOLLS, AND
FACILITATE ALL REQUIRED DOCUMENTATION AND
ADMINISTRATION.
EACH CLIN IS INDEPENDENT FROM EACH OTHER,
THEREFORE THE VENDOR SHALL CONFIRM SERVICES
REQUESTED PER EACH CLIN AND DATES OF ARRIVAL/
DEPARTURE. THE GOVERNMENT SHALL ONLY PAY FOR
ACTUAL USAGE OF SERVICES. VENDOR SHALL ONLY
CHARGE FOR ACTUAL USAGE OF SERVICES, VENDOR
SHALL NOT CHARGE THE GOVERNMENT FOR ANY STANDBY
SERVICES.
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
INCLUSION OF FAR CLAUSE 52.217-8, OPTION TO
EXTEND SERVICES, IN THE SOLICITATION AND
RESULTANT CONTRACT IS FOR USE BY THE GOVERNMENT
AS OUTLINED AT FAR 37.111, EXTENSION OF
SERVICES. THE OPTION WILL BE EXERCISED AS
NEEDED AT ANY TIME DURING THE LIFE OF THE
CONTRACT USING THE RATES APPLICABLE AT THE TIME
OF EXERCISE.
0005 OPTIONAL SERVICES. VENDOR SHALL NOT CHARGE THE
GOVERNMENT FOR ANY STANDBY SERVICES. THE VENDOR
SHALL NOT INDEPENDENTLY PROCEED WITH THE
OPTIONAL SERVICES. ALL OPTIONAL SERVICES SHALL
BE CONFIRMED AT LEAST 24 HOURS IN ADVANCE AND
CAN ONLY BE AUTHORIZED BY THE CONTRACTING
OFFICER. THE AGENT SHALL PROVIDE AN ITEMIZED
PRICE LIST OF ANY ADDITIONAL SERVICES THAT MAY
BE NEEDED DURING THE ROUND-TRIP TRANSIT PASSAGE
PRICE MAY INCLUDE THE FOLLOWING:
A) PILOT DELAY TIME. PILOTS MAY STAY ABOARD
OVERNIGHT AT ANCHORAGE TO RESUME TRANSIT EARLY
MORNING.
B) PILOT TRANSFER SERVICE. PILOTS MAY BE
TRANSFERRED ASHORE WHILE THE SHIP IS AT
ANCHORAGE OVERNIGHT AND ABOARD EARLY MORNING TO
RESUME TRANSIT.
C) TIE UP SERVICES. TIE UP SERVICES MAY BE
REQUIRED AT LOCKS WHERE HANDS FREE MOORING IS
NOT POSSIBLE, AND AT APPROACH WALLS AS
NECESSARY. THE SHIP DOES NOT HAVE A LANDING
BOOM.
D) ANCHORAGE FEES.
E) SEAWAY INSPECTION. THE SHIP HAD A SEAWAY
INSPECTION IN 2022 AND TRANSITED THE SEAWAY
THAT YEAR, SO A SEAWAY INSPECTION IS NOT
EXPECTED TO BE REQUIRED.
EACH CLIN IS INDEPENDENT FROM EACH OTHER,
THEREFORE THE VENDOR SHALL CONFIRM SERVICES
REQUESTED PER EACH CLIN AND DATES OF ARRIVAL/
DEPARTURE. THE GOVERNMENT SHALL ONLY PAY FOR
ACTUAL USAGE OF SERVICES. VENDOR SHALL ONLY
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
CHARGE FOR ACTUAL USAGE OF SERVICES, VENDOR
SHALL NOT CHARGE THE GOVERNMENT FOR ANY STANDBY
SERVICES.
1333MK26Q0005 BASE
Section IX - Contract Clauses Section X - List of Attachments
Section IX - Contract Clauses
0002 OPTION CLAUSE
Clause Option:
“Inclusion of FAR clause 52.217-8, Option to Extend Services, in the solicitation and resultant contract is for use by the Government as outlined at FAR 37.111, Extension of Services. The option will be exercised as needed at any time during the life of the contract using the rates applicable at the time of exercise.
Evaluation of Options:
“Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers or quotations for award purposes by adding the total price for all options to the total price for the basic requirement to determine the total evaluated price.
This includes options under FAR clause 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options will not obligate the Government to exercise the option(s).”
FAR 52.204-7 System for Award Management. (NOV 2024)
FAR 52.204-13 System for Award Management Maintenance. (OCT 2018)
FAR 52.204-16 Commercial and Government Entity Code Reporting. (AUG 2020)
FAR 52.204-17 Ownership or Control of Offeror. (AUG 2020)
(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.
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.
(b) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.
(c) If the Offeror indicates "has" in paragraph (b) of this provision, enter the following information:
Immediate owner CAGE code: [ ]
Immediate owner legal name: [ (Do not use a "doing business as" name)]
Is the immediate owner owned or controlled by another entity?: [ ] Yes or [ ] No.
(d) If the Offeror indicates "yes" in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code: [ ]
Highest-level owner legal name: [(Do not use a "doing business as" name)]
(End of provision)
FAR 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)
FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services.
The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that-
(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-
It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment-
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services-
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment-
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services-
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures.
(DEC 2023)
(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.
(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.
(c) Procedures. (1) The Offeror shall search for the phrase "FASCSA order" in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders- Prohibition.
(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).
(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.
(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).
(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:
(1) Name of the product or service provided to the Government;
(2) Name of the covered article or source subject to a FASCSA order;
(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;
(4) Brand;
(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);
(6) Item description;
(7) Reason why the applicable covered article or the product or service is being provided or used;
(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.
(End of provision)
FAR 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (SEP 2023)
(a) North American Industry Classification System (NAICS) code and small business size standard.
The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-
(1) Is set aside for small business and has a value above the simplified acquisition threshold;
(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.
(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.
(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by-
(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or
(ii) Contacting the Defense Standardization Program Office by telephone at 571- 767-6688 or email at assisthelp@dla.mil.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable.
The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(k) [Reserved]
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of provision)
FAR 52.212-2 Evaluation - Commercial Products and Commercial Services. (NOV 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
BEST VALUE TO THE GOVERNMENT: EXPERIENCE/ PAST PERFORMANCE, AND PRICE. OPTION CLIN
WILL ALSO BE EVALUATED BASED ON BEST PRICE.
(Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.)
Technical and past performance, when combined, are [ ] (Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.)
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
FAR 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (OCT 2025)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision-
Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
Forced or indentured child labor means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror.
No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000- 9999, except-
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology-
(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 (SDVOSB) concern means a small business concern-
(1)(i) Not less than 51 percent of which is owned and controlled 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; or
(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).
(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.
Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that-
(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or
(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.
Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.
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 124.1001, means a small business concern under the size standard applicable to the acquisition, that-
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-
(i) One or more socially disadvantaged (as defined 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 the threshold at 13 CFR 124.104(c)(2) 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).
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