Solicitation Package 12639521Q0168.pdf

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Repair on Existing Culvert Traps and Trailers
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12639521Q0168
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WD 2015-4919 Revision 15 Dated 05-11-2021.pdf PDF

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SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

APHIS-MN-126395CODE 16. ADMINISTERED BY

USDA APHIS

250 MARQUETTE AVE

SUITE 410

MINNEAPOLIS MN 55401

CODE

X

X

X

811310

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORAPHIS-MN-126395

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/07/2021 @10:00 AM MT612-396-3895JEANINE GORAL

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION 5. SOLICITATION NUMBER

12639521Q0168

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

17a. CONTRACTOR/

15. DELIVER TO

USDA APHIS WS

3654 Nursery Rd.

Rhinelander WI 54501

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.0

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

9. ISSUED BY

USDA APHIS

250 MARQUETTE AVE

SUITE 410

MINNEAPOLIS MN 55401

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Blanket Purchase Agreement (BPA) to provide Repairs on existing Culvert Bear Traps and trailers, miscellaneous repairs on trailers needed to transport both culvert traps and ATVs.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

JEANINE J. GORAL

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

VENDOR NAME:

ADDRESS:

PHONE NUMBER:

POINT OF CONTACT:

DUNS#:

EMAIL ADDRESS:

X X

X 1

05/27/2021

12639521Q0168 Page 1 of 43 Culvert Bear Trap and Trailer Maintenance

INSTRUCTIONS/ NOTES TO CONTRACTORS

1. Submit quotes by email to Jeanine.J.Goral@usda.gov by the time specified in the solicitation.

2. This Request for Quote for commercial items is being conducted in accordance with FAR Subpart

13.5 procedures for commercial items. Simplified acquisition procedures will be followed. This solicitation will result in a Fixed Price commercial supply Blanket Purchase Agreement.

A COMPLETE QUOTATION PACKAGE MUST CONTAIN THE FOLLOWING ITEMS:

Signed Standard Form (SF) 1449 Schedule with blocks 17a, 30a, b and c completed.

Reference the solicitation number and include company name, address, DUNS number and point of contact information.

Completed Pricing Schedule (page 7) Provide a unit price for each line item specified in the Pricing Schedule. Alternative pricing schedules will not be considered.

Past Performance Information: Provide at least three (3) past performance references for recent and relevant work performed by the quoter within the last three years. Include project title, description, dollar value, dates performed, location, and contact information (name, title, valid email address, and phone).

Provision 52.204-24 (page 33) Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

Provision 52.204-26 (page 36) Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment if not completed in the System for Award Management database.

3. Submit all questions by email to Jeanine Goral, Jeanine.J.Goral@usda.gov Questions should be submitted no later than June 04, 2021 to ensure adequate time is available to respond and to amend the solicitation if necessary.

4. Vendors must be registered in the System for Award Management (https://BETA.SAM.gov/. ), including current online representations and certifications, no later than the solicitation response date/ time.

5. In accordance with Federal Acquisition Regulation (FAR) Subpart 9.1, a prospective contractor may be requested to provide additional information to assist the Government in making a responsibility determination.

6. The U.S. Department of Agriculture Animal and Plant Health Inspection Service (USDA APHIS) is an agency of the Federal Government and is tax exempt (Tax ID # 41‐0696271).

mailto:Jeanine.J.Goral@usda.gov mailto:Jeanine.J.Goral@usda.gov https://sam.gov/

12639521Q0168 Page 2 of 43

Trailer Maintenance

1.0 Pricing Schedule

Quoter is responsible for ensuring completeness of quotations. The Government may evaluate solely on the information provided in the quotation. Quotations that include additional terms may be excluded from consideration. Alternative Pricing Schedules will not be considered. Quotations must include a price for all items in the solicitation to be eligible for award.

Contractor shall furnish all the needed personnel, supervision, transportation, material, equipment, services as described in the statement of work, to perform the required maintenance for the USDA, APHIS, WS, Wisconsin. **All pricing to include any and all costs but not limited to: overhead, general and administrative costs, profit, insurance, and transportation**

Pricing will be negotiated at the call order level and every time work is needed; a quote will be submitted.

Repair existing Culvert Bear Traps and trailers, miscellaneous repairs on trailers needed to transport both culvert traps and ATVs. This is very important to guarantee the safety of the employee

Item Description of Service

0001 Inspect Trap and submit Quote for repair

0002 Repair (Quoted Repair Price)

12639521Q0168 Page 3 of 43

Trailer Maintenance

1.0 Specifications

1.1 General Description of Work

Fixed Priced Blanket Purchase Agreement to provide Repairs on existing Culvert Trap inventory and Trailers needed to transport both Culvert Traps and ATV’s for USDA APHIS WS located in Rhinelander, WI. The Contractor shall provide the supplies when requested by calls placed against this BPA by the Contracting officer or the authorized representative during this time period. The price shall be the contractor’s fully burdened rate to include overhead, general and administrative, profit, insurance, and transportation.

1.2 Period of Performance

This BPA is effective from date of award and not to exceed five (5) years. Per FAR 13.303-6. The Contracting Officer and individuals and/or organization component authorized to place BPA calls will ensure the BPA is reviewed at least annually and updated at that time to make new arrangements or modify existing arrangements, and to validate the continued need for this BPA. Unilateral termination of this BPA may occur at any time by either party.

Ordering Period 1 Date of Award - 05/31/2022 Ordering Period 2 06/01/2022 – 05/31/2023 Ordering Period 3 06/01/2023 – 05/31/2024 Ordering Period 4 06/01/2024 – 05/31/2025 Ordering Period 5 06/01/2021 – 05/31/2026

1.3 Pricing:

a) The prices to the Government for all supplies under this BPA shall be as low, or lower than those charged the supplier’s most favored customer for comparable supplies under similar terms and conditions.

b) Calls may only be placed when quoted prices are fair and reasonable as determined by the contracting officer in accordance with applicable Federal Acquisition Regulations on price reasonableness determinations. The Government shall not be obligated for placement, negotiation, or solicitation of products that are not the current price.

c) Calls may only be placed against BPA upon verification of current approved pricing from the vendor. Any price increase must be approved by contracting office before order is placed.

1.4 Call Limitation

12639521Q0168 Page 4 of 43

Calls placed by individuals authorized under this BPA shall not exceed:

BPA Maximum Dollar Limit: $250,000.00 BPA Call Limit: $80,000.00

1.5 Extent of Obligation:

The Government is obligated only to the extent of authorized calls placed against this BPA. The award of a BPA does not guarantee award of a BPA order, and there is no guaranteed minimum. The aggregate dollar limitation or BPA ceiling price is $250,000.00.

1.6 Individuals Authorized to Place BPA Calls:

The vendor hereafter referred to as "the contractor". The contractor shall fully comply with all specifications, clauses and terms and conditions in Agreement.

The contractor shall ensure that all costs for performing under this agreement, including delivery and any other deliverables or requirements set forth in this Agreement\, are included in the prices for the services ordered. USDA APHIS will not be responsible for paying for any costs or prices other than those for the services ordered, received, and accepted by the USDA APHIS.

Any individual in USDA APHIS MRPBS AAMD Procurement Branch who has warranted, contracting authority on behalf of USDA, APHIS may issue an order under this BPA.

Purchase card payments are allowed under this BPA by any APHIS purchase card holders. These individuals will be noted on each individual order.

1.7 Invoicing

Please show the delivery order number on all invoices.

Payment is 30 days after receipt of a proper invoice, in accordance with the Prompt Payment Act (31 U.S.C. 3903).

Please see https://www.ipp.gov/vendors/enrollment-vendors.htm and submit invoices through the Invoice Processing Platform (IPP). Enroll at https://www.ipp.gov/.

The Contractor shall submit an original invoice (or electronic invoice, if authorized,) to the address designated in the contract to receive invoices (https://www.ipp.gov).

An invoice shall include the following:

(1) Name and address of the Contractor

(2) Invoice date; Invoice number;

(3) Delivery Order number;

(4) Description, quantity, unit of measure, unit price and extended price of the items delivered;

and Budget (OMB) Circular A-125, Prompt Payment. Contractors are encouraged to assign an identification number to each invoice.

https://www.ipp.gov/vendors/enrollment-vendors.htm https://www.ipp.gov/

12639521Q0168 Page 5 of 43

1.8 Receipt and Acceptance of Purchase

Shipment will be FOB Destination and inspection and acceptance is in accordance with FAR Clause 52.212-4(a), and performance requirements.

Receipt of purchases shall be indicated by signature and date on the appropriate form by the authorized Government representative. This shall be subject to acceptance by the assigned inspector or customer when compared to the documentation of the original call.

1.9 Delivery

Shipment will be FOB Destination and inspection and acceptance is in accordance with FAR Clause 52.212-4(a), and performance requirements.

Delivery Address:

USDA APHIS WS

P.O. Box 1064 Rhinelander, WI 54501

**Wildlife Services will pick up completed projects**

USDA APHIS WS

3654 Nursery Road Rhinelander, WI

1.10 Contract Administration

The Contracting Officer (CO) has designated a Contracting Officer’s Representative (COR). Specific COR’s for each task order will be identified when the task order is awarded. The COR is responsible for monitoring the performance of work under this BPA and is the local Government contact. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of the contract be effective or binding upon the Government unless advance authorization is received from the Contracting Officer, and proper contractual documents executed by the Contracting Officer prior to performing the work.

The COR shall inform the contracting Officer as soon as possible of any understandings, tentative agreements, recommended modifications, and actions or inactions of the Contractor or the Government which could affect the Contractor’s ability to comply with the contract performance requirements or completion times.

Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor shall so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer shall be notified immediately.

12639521Q0168 Page 6 of 43

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PROCEEDING WITH WORK WITHOUT PROPER CONTRACTUAL COVERAGE AND

APPROVAL OF THE CO COULD RESULT IN A BREACH OF CONTRACT AND

NONPAYMENT.

The designation (delegation of authority) is provided in writing to the COR and is available to the Contractor. The delegation of authority clearly explains the CORs roles and responsibilities on the contract and limitations of authority.

The COR does not have the authority to modify the terms and conditions of the contract.

The following contacts are the only persons authorized to interact with the contractor on this contract:

Contracting Officer Representative (COR):

Pamela (Pam) Engstrom

(715) 369-5221 Pamela.S.Engstrom@usda.gov.

The Contracting points of contact are as follows:

Jeanine Goral – Contracting Specialist USDA APHIS MRPBS AAMD Contracting Cell Phone: 612-396-3895 Jeanine.J.Goral@usda.gov.

The Contracting Officer is the only individual who can make any changes to the terms, conditions, general provisions, or other stipulations of this BPA. Any other commitment, either explicit or implied, is invalid. The CO is the only person with authority to act as agent of the Government under this BPA. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule;

(4) authorize reimbursement to the Contractor for any costs incurred during the performance of this BPA; (5) obligate or deobligate funds on BPA orders; or (6) otherwise change any terms and conditions of this BPA. No information, other than that which may be contained in an authorized modification to this BPA duly issued by the Contracting Officer, which may be received from any person employed by the United States Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract.

1.11 Modification of this BPA

At any time, the Contracting Officer may modify this BPA to change, add, or delete some of the terms or conditions. Whenever you receive a modification, always read it in its entirety. Modifications are in accordance with FAR 52.212-4 (c) Contract Terms and Conditions - Commercial Items. Contracting mailto:Pamela.S.Engstrom@usda.gov mailto:Jeanine.J.Goral@usda.gov

12639521Q0168 Page 7 of 43 office will ensure the modification is placed in the BPA file.

3.0 Statement of Work:

3.1 General

Culvert traps are used to trap black bears throughout Northern Wisconsin. It is critical that these traps be in perfect working condition for safety because our employees work in such close proximity to the traps. Wildlife Services (WS) has a Cooperative Service Agreement with the Wisconsin Department of Natural Resources (WDNR) that states WS will assist landowners in Wisconsin that are having problems with black bears. These traps are distributed throughout northern Wisconsin and will be delivered to the vendor when repairs are needed..

3.2 Scope/Requirements

Repair existing Culvert Bear Traps and trailers.

Bear Trailer Specifications (tilt bed)

Trailer bed 76” x 9’ Outside rails 2” x 3” angle iron Trailer supports 2” x 2” channel iron Mainframe 2”x 3” channel iron, 9’ Inside frame (front) 2” x 3” channel iron, 4’ Expanded metal 76” x 9’ Side rail (top) 2” x 3” angle iron 3/8” thick Axle 3500# axle Tire size 20.5x8-10 Tongue 6’ x 3”x 3” channel iron Winch support 3”x 2” 25” tall Angle iron support 11/2” x 11/2” 30” tall Winch mount plate (female end of receiver welded in post) Tilt support rail 2” x 2” 4’ long Tilt support side of tongue 2”x 2” angle iron 26” long Safety Chains and hooks Chains in back of trailer 2” bulldog ball coupler Plate for winch

Metal loops to hook to (2 in front, 1 by which post mounted on tongue, 2 back of trailer)

12639521Q0168 Page 8 of 43

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WDNR BEAR TRAP SPECIFICATIONS

These are general specifications for a culvert-type trap designed to catch and hold all sizes of Wisconsin black bear:

Trap will consist of 30" high X 7' long galvanized steel culvert.

Culvert will be mounted on 91/2' long skids (2" round pipe), bent and braced at both ends.

Door will consist of 30" X 30" aluminum (3/16") with aluminum angle ·braces.

Door must slide freely within frame.

Door frame will consist of 1" flat iron welded to 11/2" angle iron to provide channel for door.

Trip-lock mechanism. Must be constructed to allow trap to be tripped easily, and securely lock door once door is down.

End of culvert must be covered with 1X 3" expanded metal welded to culvert, with hinged bait door and handle.

Culvert must have series of three 3" diameter holes on each side for ventilation and drugging.

Holes must be smooth - no sharp edges.

Must be pulley system at top cross bar of door frame to hoist door, with tie-off bracket welded on culvert.

Must have chain and hook loops for winching and tie-down purposes. Must be painted drab green (primer required).

3.3. Specific Requirements / Tasks

A. All work will be ordered through the issuance of individual BPA Call. The contractor shall conduct timely assessment of required repairs, provide a firm-fixed price to correct the repair, procure all necessary parts and material, and execute timely repairs.

B. Services shall be performed at the Contractor’s facility. Upon issuance of a BPA Call, the

Government will deliver trap(s) from the Government’s facility (3654 Nursery Road, Rhinelander, WI 54501) to the contractor’s facility, which must be located within 30 miles from the Government’s facility due to a specialized trailer required for transportation.

C. Within two (2) business days following receipt of trap(s), the contractor shall identify needed repairs and recommend corrective action by submission of a firm-fixed-price quote for repair services.

12639521Q0168 Page 9 of 43

D. Within two (2) business days following receipt of trap(s), the contractor shall identify needed repairs and recommend corrective action by submission of a firm-fixed-price quote for repair services.

E. The repair quote shall be sent by email to Pamela (Pam) Engstrom at

Pamela.S.Engstrom@usda.gov. All quotes will be evaluated by the Government for price reasonableness.

F. Repairs shall be completed within 14 calendar days unless otherwise specified. The contractor is responsible for notifying the Government when the repair is complete. Return delivery from the contractor’s facility to the Government’s facility shall be the responsibility of the Government and shall be coordinated with the Government’s Technical Point of Contact.

4.0 Evaluation Factors and Submission Requirements

4.1 Evaluation Factors

The Government will award a contract in accordance with FAR part 13.106 Evaluation of quotations or offers resulting from this solicitation to the responsible contractor whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered The Government will obtain the best value by evaluating technical capability, delivery timeframe, past performance, and price. The technical capability will evaluate the technical capability of the product being offered in accordance with the specifications as well as the contractor’s ability to provide the product and the required lead time for delivery. Past performance will consider relevant past performance similar scope, magnitude, and complexity, and the contractor’s prior experience providing similar products. Past performance will also measure the degree to which a contractor has satisfied customers in the past and complied with federal, state, and local laws and regulations.

The Government does not assume the duty to search for data to cure the problems it finds in the information provided by the Contractor. The burden of providing thorough and complete technical capability and past performance information remains with the Contractor.

Evaluation factors will consist of in no particular order:

1. Price

2. Technical Capability: Items and services offered meets the specifications as outlined in

Section 3.0.

3. Past performance: Past performance is a measure of the degree to which a contractor has satisfied customers in the past, and complied with federal, state, and local laws and regulations.

Past performance will be evaluated using PPIRS.

4. Delivery timeframe: Per section 3.3, Specific Requirements / Tasks mailto:Pamela.S.Engstrom@usda.gov

12639521Q0168 Page 10 of 43

4.2 Submission Requirements

1. Cover page with Company Name, DUNS and Technical Point of Contact (email address and phone number)

2. Completed Price Schedule per Section 1.0

3. Specify the make and model of items offered under this BPA and certification that the items and services offered meet all specifications under Section 3.0.

4. Section 889 Compliance Representation must be up to date in SAM.gov.

4.2.1 Submission Deadline

All questions should be referred to Jeanine Goral by June 024, 2021. Quotes are due June 07, 2021 by 10:00 am Mountain Time to Jeanine Goral, Contracting Specialist at Jeanine.J.Goral@usda.gov. It is the contractor’s responsibility to ensure proposals are received on time. Email submittals are required.

When submitting via email, please note that file size limitations, formatting, or other problems may hamper receipt, so please verify that the contracting officer has received your proposal.

12639521Q0168 Page 11 of 43

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5.0 CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.212-4 Contract Terms and Conditions - Commercial Items. (Oct 2018)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (Dec 2013)

52.245-1 Government Property (Jan 2017)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (Sept 2013) https://www.acquisition.gov/browse/index/far

12639521Q0168 Page 12 of 43

Clauses in Full Text

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jan 2021)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108- 78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.

657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9 __ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C.

632(a)(2)).

(ii) Alternate I (Mar 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C.

637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

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X (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (30)(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

___ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

___ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

___ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

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__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

X (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112- 41, 112-42, and 112-43.

__ (ii) Alternate I (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

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[Contracting Officer check as appropriate.]

X (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

Employee Class Monetary Wage – Fringe Benefits 23960 – Welder Combination Maintenance $21.74

X (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.

chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

X (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

X (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.

1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.

chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

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2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued at any time during the contract period of performance.

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

(c) For the purposes of this contract, a delivery order must be in writing and signed by the Contracting Officer. Orders may be issued by mail, by fax transmission, by personal service, or by electronic transmission. A delivery order shall be considered to have been issued: (1) at the time the Government transmits written notification to the Contractor if transmission is by fax, mail, or other electronic means; (2) at the time the contractor receives the order if the transmission is by mail or personal service.

(End of Clause)

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5.0 SOLICITATION PROVISIONS

52.252-1 - Solicitation Provisions Incorporated by Reference. (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far.

(End of Provision)

52.204-7 System for Award Management (Oct 2018)

52.204-16 Commercial and Government Entity Code Reporting. (Aug 2020)

52.212-1 Instructions to Offerors - Commercial Items (Jun 2020)

52.209-12 Certification Regarding Tax Matters (Oct 2020)

52.223-1 Biobased Product Certification. (May 2012)

452.204-70 Inquiries (Feb 1988) https://www.acquisition.gov/browse/index/far

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Solicitation Provisions in Full Text

52.212-3 Offeror Representations and Certifications - Commercial Items (Feb 2021)

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. 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—

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(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;

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(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"—

Sensitive technology—

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

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

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

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

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

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

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

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

Small business concern—

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

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(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 with13 CFR 124.1002, 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…

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