Solicitation - W911XK26QA003.pdf

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 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 NUMBER

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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. ADDENDA

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

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.

calls)

Solicitation/Contract Form Continuation

LOS Bobcat Purchase

W911XK26QA003

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Pricing Schedule

Line Item

Item Name Part Number Quantity Unit Price Total Price

1 Bobcat UW56 M1225 1 $ $

2 Deluxe Road Package M1225-P01-C01 1 $ $

3 Attachment Control M1225-R08-C02 1 $ $

4 Engine Block Heater M1225-A01-C02 1 $ $

5 Heavy Duty Battery M1225-R07-C02 1 $ $

6 High Flow Package M1225-R03-C02 1 $ $

7 Interior Trim M1225-A01-C04 1 $ $

8 Power Bob-Tach M1225-R14-C03 1 $ $

9 Radio Option M1225-R15-C02 1 $ $

10 Rear View Camera M1225-R20-C01 1 $ $

11 Traction Control M1225-R16-C02 1 $ $

12 29 X 12.5 Turf Tires M1225-R05-C05 1 $ $

13 HS8 Spreader 7157284 1 $ $

14 4K Heavy Duty Pallet Fork Frame 7294305 1 $ $

15 48" 4K Heavy Duty Pallet Fork Teeth 6540182 1 $ $

16 Electrical & Lighting-Strobe Light Kit 7424783 1 $ $

17 Spray in Bed Liner NA 1 $ $

Total $

INSTRUCTIONS TO OFFERORS

1. INTENT

The intent of this Request for Quote (RFQ) is to award one (1) Firm-Fixed Price Supply Contract for the purchase of new utility work machines to replace a current ToolCat 5600 at the end of its service life as well as an additional machine for the Lock Operations Section (LOS) in Sault Sainte Marie, MI.

2. BASIS OF AWARD

Award will be made to the Lowest Priced Offeror that meets the requirements as laid out in this RFQ and is determined to be responsible by the Contracting Officer. The Government may also choose to negotiate if only one offer is received.

3. GENERAL

a. This procurement is being competed as a total small business set aside. It is being procured as Firm-Fixed Price (FFP) under Federal Acquisition Regulation (FAR) Part 12 Acquisition of Commercial Products and Commercial Services and FAR Part 13 Simplified Acquisition Procedures.

b. The associated North American Industry Classification System (NAICS) Code is 333924 which has a small business size standard of 900 employees. Please note: the business size in SAM is determined by the NAICS code. If the vendor size is not listed correctly for a particular NAICS code in SAM, the business will be considered other than a small business.

c. All offerors are reminded to complete all FAR and DFARS provisions related to Representations and Certifications. An offeror may complete the certifications at https://www.sam.gov in lieu of completing and submitting the representations and certifications contained in this solicitation provided that all FAR and DFARS certifications contained in the solicitation has been completed online.

d. Remember to fill in and sign the Standard Form (SF) 1449 from the front of the Solicitation, before submission.

e. Customary commercial practices for warranty requirements are applicable for this acquisition.

f. Offerors are advised that this requirement may be delayed, cancelled, or revised at any time during the solicitation, selection, evaluation, negotiation and/or final award process.

4. REGISTRATION IN SAM

a. The System for Award Management (SAM) is the Government's online database of federal contractors. Contractors self-register in SAM at the website www.sam.gov. Registration is free to all users.

b. In accordance with FAR Provision 52.204-7 SYSTEM FOR AWARD MANAGEMENT, effective September 26, 2018, an offeror is required to be registered in SAM when submitting an offer and shall continue to be registered until time of award, during performance, and through final payment of any contract resulting from the solicitation. Vendors are highly encouraged to check their registration status and plan accordingly prior to submitting a quote. Offerors are hereby cautioned that SAM requires new and updated accounts to be accompanied by a notarized letter appointing the authorized Entity Administrator for their SAM account(s). Acceptance of the letter and subsequent approval of SAM registration can take up to two months. Offerors who are not currently registered in SAM are strongly encouraged to start the registration process as soon as possible to ensure it is complete prior to any quote submission. In addition, please ensure your SAM account indicates your firm is eligible for "All Awards." Failure to comply with the solicitation provision may deem the quote to be considered "unresponsive" and thus ineligible for award.

c. Offerors who are not currently registered in SAM with the NAICS Code that is indicated in Block 10, at the front of this Solicitation, are encouraged to register under the identified NAICS Code as soon as possible to ensure that it is complete prior to submission of any quote.

d. See FAR Provision 52.204-7 for more information.

5. REQUESTS FOR INFORMATION

a. Questions/Inquiries. All questions pertaining to this requirement shall be submitted in writing no later than fifteen (15) calendar days prior to proposal due date and time indicated for receipt of offers in Box 8 of the SF 1449. The offeror shall put the solicitation number located in Block 5 of the SF 1449 followed by QUESTIONS in the subject line of the email. All questions received after the above date and time may not be answered.

b. Questions shall be submitted to Matthew McDuffie, Contract Specialist at matthew.mcduffie@usace.army.mil, Michelle Barr, Contracting Officer at michelle.barr@usace.army.mil, and LRE-proposal@usace.army.mil.

c. Once all inquiries are compiled and addressed, the questions and answers will be posted as an update to the solicitation. Questions and answers changing the requirement will be generated as an amendment and posted as an update to the solicitation for all interested parties to view/acknowledge to be sent in with their submission prior to the closing date. If additional time is needed for submission, an extension will be executed via an amendment.

6. SUBMISSION OF QUOTES

a. GENERAL QUOTE SUBMISSION REQUIREMENTS. ELECTRONIC QUOTES. In an effort to reduce paperwork and costs, ALL RESPONSES TO THIS ANNOUNCEMENT SHALL BE SUBMITTED ELECTRONICALLY. Hand carried delivery or USPS/UPS/FedEx delivery of hard copies and/or CDROMs are not authorized. Facsimile submission is not authorized. Submit all documents to the following via email:

Contracting Officer, Michelle Barr at michelle.barr@usace.army.mil

Contract Specialist, Matthew McDuffie at matthew.mcduffie@usace.army.mil

LRE Contracting Mailbox at LRE-proposal@usace.army.mil

b. It is the Offeror's responsibility to obtain written confirmation of receipt of all electronic files by the Contracting office. Include the Solicitation No. W911XK26QA003 in the email subject line. Please note: Attachments over 25MB may not transmit through email and larger attachments may take additional time to transmit.

c. At a minimum, the quote shall include a complete, signed SF 1449 and priced quotation with ToolCat 5600 specifications. Failure to submit a complete quotation with ToolCat 5600 specifications will determine the quote to be non-responsive.

d. Quotes shall be received by the date and time as indicated in this RFQ.

e. Failure to include all required information may cause the quote to be considered non-responsive and not considered further for award.

f. Failure to comply with the included instructions may result in an offeror not being eligible for award.

g. RECEIPT OF SUBMISSIONS: For the purposes of establishing whether a quote submission is considered timely, the government considers the date and time the submission is received by the Government. Do not assume that electronic communication is instantaneous. Submissions after the deadline will be considered "late" and will be processed in accordance with FAR 52.212-1(f)(2)(i).

7. AMENDMENTS

Acknowledgement of each amendment must be made by returning a signed copy of the amendment by the time set for receipt of quotes to the personnel identified in 5 and 6 above. Oral explanations or instructions given in a form other than an amendment to the solicitation shall not be binding. For security reasons; all potential Offerors, plan rooms and printing companies are required to register in SAM at www.sam.gov

8. NIST Assessment: In accordance with DFARS 204.7302, Contractors and subcontractors are required to provide adequate security on all covered contractor information systems. Offerors are required, at time of award, to have at least basic NIST SP 800-171 DoD Assessment that is current (not more than 3-years old) to be in compliance with DFARS 252.204-7012 (Dev), Safeguarding Covered Defense Information and Cyber Incident Reporting (Deviation 2024-O0013 Revision 1).

SCOPE OF WORK

STATEMENT OF WORK FOR ACQUISITION OF A UTILITY WORK MACHINE AND

A FRONT MOUNT SALT/SAND SPREADER MACHINE

U.S. ARMY CORPS OF ENGINEERS, DETROIT DISTRICT

1. GENERAL REQUIREMENTS:

This contract is to provide a new utility work machine to replace a current ToolCat 5600 that is at the end of its service life. The utility work machine will be engaged in snow removal, grass cutting, material hauling, and must be able to accommodate many different front mount attachments. This contract will also provide a front mount sand/salt spreader that is compatible with the utility work machine. This contract will be to provide a utility work machine delivered to the Soo Project Office, Sault Sainte Marie, MI 49783. The contractor shall provide a new serviceable unit in accordance with manufacturer recommendations, as well as the most current OSHA, ASME, and USACE EM 385-1-1 requirements.

2. TECHNICAL REQUIREMENTS:

The utility work machine shall have the following characteristics:

2.1.1 Shall have a diesel engine that produces no less than 60 horsepower and has automatically activated glow plugs.

2.1.2 Shall have a limited slip transaxle, two-speed transmission, automatic parking brake, full-time four-wheel drive, and all-wheel steering.

2.1.3 Shall have 4-wheel independent suspension, power steering and tilt steering wheel.

2.1.4 Shall have an enclosed cab with HVAC, no less than two seats in the cab, front windshield wiper, adjustable driver seat, and seat belts with shoulder harness.

2.1.5 Shall have a Bob-tech compatible mounting system, variable flow auxiliary hydraulics with dual direction detent, boom float, and lift arm support.

2.1.6 Shall provide LED front work lights, in cab type A and type C USB charging ports, and dome light.

2.1.7 Shall have no less than a 5" instrument display with the following information displayed, Hour meter, speedometer, tachometer, fuel gauge, engine temperature gauge, and service and error codes.

2.1.8 Shall have a rear receiver hitch, hydraulic dump box, cargo box support, radiator screen, and lower engine cover.

2.1.9 Normal hydraulic flow shall be between 17-20 GPM, High flow hydraulic flow shall be between 25-30

GPM

2.1.10 Travel speed in low range shall be between 5-10 MPH, travel speed in high range shall be between 15-20 MPH, travel speed in reverse shall be between 5-10 MPH.

2.1.11 Fuel capacity shall not be less than 15 Gallons.

2.1.12 Rated operating capacity shall be between 1500-2000 lbs.

2.1.13 Tow rating shall be between 3800-4300 lbs.

2.1.14 Machine rated capacity shall be between 2000-2500 lbs.

2.1.15 Total rated capacity shall be between 4000-4500 lbs.

The front mount salt/sand spreader shall have the following characteristics:

2.2.1 Operating weight with loader mount (empty) shall not exceed 400 lbs.

2.2.2 Height shall be between 38-43 inches.

2.2.3 Width shall be between 50-60 inches.

2.2.4 Hopper capacity shall be between 7-12 cubic feet at the top of the hopper and between 5-9 cubic feet at the bottom of the grate.

2.2.5 Spreading pattern shall be no less than 18 feet at 1500 RPM and no more than 30 feet at 2500 RPM.

2.2.6 Speed control shall be controlled with a dial control.

2.2.7 Motor shall be hydraulic.

2.2.8 Spinner wheel shall be between 15-20 inches in diameter.

2.2.9 Maximum hydraulic flow shall not exceed 23 GPM.

3. DELIVERY:

Serviceable unit shall be delivered to U.S. Army Corps of Engineers, 119 East Water Street, Sault Sainte Marie, MI 49783.

4. SHIPMENT COSTS:

All shipment costs associated with parts and materials to the above address shall be paid by the awarded vendor.

5. EQUIPMENT SPECIFICATIONS:

The following equipment and accessories listed below must be these exact part numbers. No equivalents are acceptable. Please reference the attached Brand Name Justification.

Line Item 1: Bobcat UW56 Qty 1

- Bobcat UW56 o Adjustable Vinyl Seats o All-Wheel Steer o Automatically Activated Glow Plugs o Auxiliary Hydraulics o Variable Flow with dual direction detent o Beverage Holders o Bob-Tach o Boom Float o Cargo Box Support o Cruise Control o Speed Management o Enclosed Cab with HVAC o Dual Port USB charger o Lower Engine Guard o Limited Slip Transaxle o Engine and Hydraulic Monitor with Shutdown o Front LED Work Lights o Full-time Four-Wheel Drive o Horsepower Management o Roll Over Protective Structure (ROPS) . Meets Requirements of SAE-J1040 & ISO 3471 o Falling Object Protective Structure (FOPS) . Meets Requirements of SAE-J1043 & ISO3449, Level I o Dome Light o Hydraulic Dump Box o Instrumentation: Standard 5" Display with Keyless Start, Engine Temperature and Fuel Gauges, Hour meter, RPM and Warning Indicators.

Includes maintenance interval notification, fault display, job codes, quick start, and security lockouts.

o Joystick, Manually Controlled with Lift Arm Float o Lift Arm Support o Parking Brake, automatic o Power Steering with Tilt Steering Wheel o Radiator Screen o Rear Receiver Hitch o Seat Belts, Shoulder Harness o Spark Arrestor Muffler o Suspension, 4-wheel independent o Tires: 27 x 10.5-15 (8 ply), Lug Tread o Toolcat Interlock Control System (TICS) o Two-Speed Transmission o Machine Warranty: 12 Months, unlimited hours o Bobcat Engine Warranty: Additional 12 Months or total of 2000 hours after initial 12 month warranty

Line Item 2: Deluxe Road Package Qty 1

- M1225-P01-C01 o Backup Alarm o Turn Signals o Flashers o Tail Lights o Brake Lights o Rear View Mirror o Side Mirrors o Horn o Rear working lights o Headlights

Line Item 3: High Flow Package, Qty 1

- M1225-R03-C02

Line Item 4: Heavy Duty Battery, Qty 1

- M1225-R07-C02

Line Item 5: Attachment Control, Qty 1

- M1225-R08-C02

Line Item 6: Power Bob-Tach, Qty 1

- M1225-R14-C03

Line Item 7: Radio Option, Qty 1

- M1225-R15-C02

Line Item 8: Traction Control, Qty 1

- M1225-R16-C02

Line Item 9: Rear View Camera, Qty 1

- M1225-R20-C01

Line Item 10: Engine Block Heater, Qty 1

- M1225-A01-C02

Line Item 11: Interior Trim, Qty 2

- M1225-A01-C04

Line Item 12: HS8 Spreader, Qty 1

- 7157284

-Line Item 13: 4K heavy Duty Pallet Fork Frame, Qty 1

- 7294305

Line Item 14: 42" 4K Heavy Duty Pallet Fork Teeth, Qty 1

- 6540183

Line Item 15: 29 x 12.5 Turf Tires

- M1225-R05-C05

Line Item 16: Electrical & Lighting- Strobe Light Kit

- 7424783

Line Item 17: Spray "Rhino" liner for dump box

SPECIAL CONTRACT REQUIREMENT

Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S.

veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

- U.S. Department of Labor Veterans' Employment and Training Service (VETS): https://www.dol.gov/vets/

- Federal Veteran Employment Information: https://www.fedshirevets.gov/

- Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/

- U.S. Army Warrior Transition Command Employment Index: https://wct.army.mil/modules/employers/index.html

- Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes

(End of special contract requirement)

Continuation of Description

Requirements This contract is to provide a new utility work machine to replace a current ToolCat 5600 that is at the end of its service life. The utility work machine will be engaged in snow removal, grass cutting, material hauling, and must be able to accommodate many different front mount attachments. This contract will also provide a front mount sand/salt spreader that is compatible with the utility work machine. This contract will be to provide a utility work machine delivered to the Soo Project Office, Sault Sainte Marie, MI 49783. The contractor shall provide a new serviceable unit in accordance with manufacturer recommendations, as well as the most current OSHA, ASME, and USACE EM 385-1-1 requirements.

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

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 Products and Commercial Services. Nov 2023 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan 2023

252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7001 Buy American and Balance of Payments Program. Feb 2024 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

Jun 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

(DEVIATION 2024-O0013 REVISION 1)

May 2024 Deviation 2024-O0013 May 2024

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.247-7023 Transportation of Supplies by Sea. Oct 2024 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022

Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services

FAR Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services.

(DEVIATION 2025-O0003 and 2025-O0004)

(Oct 2025) Deviation 2025-O0004 (Mar 2025)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (MAR 2025) (DEVIATION 2025-O0003 and 2025-O0004)

(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 products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title VII, (Jan 2017) 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 Covered Entities (Dec (Section 1634 of Pub. L. 115-91).2023)

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.S.C. 3903 and 10 U.S.C. 3801).(Mar 2023)

(6) 52.233-3, Protest After Award (31 U.S.C. 3553).(Aug 1996)

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(Oct 2004)

(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 products and commercial services:

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (Nov 2021)

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

52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the (4) (Nov 2023) Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).(5) (Jun 2020)

[Reserved].(6)

52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(7) (Oct 2016)

52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(8) (Oct 2016)

52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(9) (Jun 2023)

52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-(10) Agency Contracts. (Pub. L. 115-390, title II).(Dec 2023)

(11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)

Alternate I of 52.204-30.(ii) (Dec 2023)

(12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. ( 2025) (31 U.S.C. 6101 note).Jan

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).(13) (Oct 2018)

[Reserved].(14)

52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.C. 657a).(15) Oct 2022

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( ) (if the offeror elects to waive the preference, (16) Oct 2022 it shall so indicate in its offer) (15 U.S.C. 657a).

[Reserved](17)

(18)

(i) 52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(Nov 2020)

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

(19)

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

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

52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)).(20) ( )Jan 2025

(21)

(i) 52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)).( )Jan 2025

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

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

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

Alternate IV of 52.219-9.(v) ( )Jan 2025

(22)

(i) 52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(Mar 2020)

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

52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 657s).(23) Oct 2022

52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(24) (Sep 2021)

52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible (25) Under the SDVOSB Program ( ) (15 U.S.C. 657f).Feb 2024

(26)

(i) 52.219-28, Small Business Program Rerepresentation (15 U.S.C. 632(a)(2)).Postaward ( )Jan 2025

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

52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns ( ) (27) Oct 2022 (15 U.S.C. 637(m)).

52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned (28) Small Business Program ( ) (15 U.S.C. 637(m)).Oct 2022

52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(29) (Mar 2020)

52.219-33, Nonmanufacturer Rule (15 U.S.C. 637(a)(17)).(30) (Sep 2021)

52.222-3, Convict Labor (E.O.11755).(31) (Jun 2003)

(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O. 13126).(Jan 2025)

[Reserved](33)

[Reserved](34)

(35)

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

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

(36)

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

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

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

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).(38) (Dec 2010)

(39)

(i) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(Nov 2021)

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

(40) 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially (Jan 2025) available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(41)

(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.)

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

52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (42 U.S.C. 7671, ).(42) (May 2024) et seq.

52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (42 U.S.C. 7671, ).(43) (May 2024) et seq.

52.223-20, Aerosols (42 U.S.C. 7671, ).(44) (May 2024) et seq.

52.223-21, Foams (42 U.S.C. 7671, ).(45) (May 2024) et seq.

52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025-O0004)) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and (46) 42 U.S.C. 7671l).

(47)

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

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

(48)

(i) 52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(Oct 2022)

Alternate I of 52.225-1.(ii) (Oct 2022)

(49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, (NOV 2023) 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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.

Alternate I [Reserved].(ii)

Alternate II of 52.225-3.(iii) (Jan 2025)

Alternate III of 52.225-3.(iv) (Feb 2024)

Alternate IV (Oct 2022) of 52.225-3.(v)

52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(50) (NOV 2023) et seq

52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign (51) (Feb 2021) Assets Control of the Department of the Treasury).

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

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

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

52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).(55) (May 2024)

52.229-12, Tax on Certain Foreign Procurements .(56) (Feb 2021)

52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(57) (Nov 2021)

52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(58) (Nov 2021)

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).(59) (Oct2018)

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 (31 U.S.C. 3332).(61) (May 2014)

52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(62) (Aug 1996)

52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (63) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(Nov 2024)

52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(64) (Jan 2017)

(65)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631).(Nov 2021)

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

Alternate II of 52.247-64.(iii) (Nov 2021)

(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 products and commercial services:

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

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

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

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

52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain (5) Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

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

52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(7) (Jan 2022)

52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (Jan 2022)

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)

52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (49 U.S.C. 40118(g)).(10) (Jan 2025)

(d) . The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded Comptroller General Examination of Record 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.

(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 products or commercial services. 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 (41 U.S.C. 3509).(Nov 2021)

(ii) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(Nov 2023)

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec (Section 1634 of Pub. L. 115-91).2023)

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(Jun 2023)

(vii)

(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)

(B) Alternate I of 52.204-30.(Dec 2023)

(viii) 52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting ( )Jan 2025 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.

(ix) [Reserved]

(x) [Reserved]

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

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

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

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

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

(xvi)

(A) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O 13627).(Nov 2021)

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

(xvii) 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).

(xviii) 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).

(xix) 52.222-54, Employment Eligibility Verification (E.O. 12989).(Jan 2025)

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(Jan 2022)

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(Jan 2022)

(xxii)

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

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

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of the National (Oct 2016) Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). Flow down required in accordance with (Jun 2020) paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(Nov 2024)

(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down (Nov 2021) 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Addendum to Contract Clauses

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.225-7002 Qualifying Country Sources as Subcontractors. Mar 2022 252.225-7048 Export-Controlled Items. Jun 2013 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.204-7003 Control of Government Personnel Work Product. Apr 1992

252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems. (DEVIATION 2024-O0014)

Aug 2024 Deviation 2024-O0014 Aug 2024

FAR Clauses Incorporated by Full Text

52.252-2 Clauses Incorporated by Reference. (Feb 1998)

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/ https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

(End of clause)

52.252-6 Authorized Deviations in Clauses. (Nov 2020)

Authorized Deviations in Clauses (Nov 2020)

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

The use in this solicitation or contract of any (48 CFR ) clause with an authorized (b) Defense Federal Acquisition Regulation Supplement Chapter 2 deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

Solicitation Provisions

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-16 Commercial and Government Entity Code Reporting. Aug 2020 52.204-7 System for Award Management. Nov 2024 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services. Sep 2023

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7005 Representation Relating to Compensation of Former DoD Officials. Sep 2022

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.

May 2021

252.204-7024 Notice on the Use of the Supplier Performance Risk System. Mar 2023 252.225-7000 Buy American--Balance of Payments Program Certificate. Feb 2024 252.225-7055 Representation Regarding Business Operations with the Maduro Regime. May 2022

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region- Representation.

Jun 2023

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. Oct 2016 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation. Dec 2019

Offeror Representations and Certifications - Commercial Products and Commercial Services

FAR Clauses Incorporated by Full Text

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (DEVIATION 2025-O0003 and 2025-O0004)

(Oct 2025) Deviation 2025-O0004 (Mar 2025)

Offeror Representations and Certifications-Commercial Products and Commercial Services (MAR 2025) (DEVIATION 2025-O0003 and 2025- O0004)

(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"-

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…