Solicitation - W912EF25QA057.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

MNA Cantilever Scaffolding Rental

W912EF25QA057

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Cantilever Scaffolding Work Platform

Product Service Code: W054 Weapon System Code: 000 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

1 Job

Continuation of Description

Requirements McNary Lock and Dam requires cantilever scaffolding rental services for inspection of the spillway crane busbar. Services include all labor, supplies, materials, tools, and engineered drawings for assembly and disassembly of two rolling cantilever scaffolds.

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: Per PWS

DoDAAC: 960401 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

WALLA WALLA DISTRICT MCNARY WHSE, 82790 DEVORE RD

UMATILLA, OR 97882

UNITED STATES

Continuation of Deliveries or Performance

From 01 Oct 2025 to 31 Oct 2025

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Line Item Delivery Schedule Quantity Address and POC

Period of Performance From 01 Oct 2025 To 31 Oct 2025

1 Job Place of Performance DoDAAC: 960401 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

WALLA WALLA DISTRICT MCNARY WHSE, 82790 DEVORE RD

UMATILLA, OR 97882

UNITED STATES

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

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024

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

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 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 252.232-7003 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 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 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)

(Jan 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-[ ] (3) (Jun 2010) 5). (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, [ ] (4) (Nov 2023) the 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).[X] (9) (Jun 2023)

52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and [ ] (10) Multi-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)

[X] (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 [ ] (16) Oct 2022 preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[Reserved][ ] (17)

(18)

[X] (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 [ ] (25) Eligible Under the SDVOSB Program ( ) (15 U.S.C. 657f).Feb 2024

(26)

[X] (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 ) (15 U.S.C. 637(m)).2022

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).[X] (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)

[X] (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)

[X] (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 [ ] (ii) (May 2008) items.)

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, [ ] (46) and 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 (NOV 2023) note, 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 [ ] (52) National 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).[X] (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. [ ] (57) (Nov 2021) 3805).

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).[X] (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 [ ] (63) Entities (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:

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

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

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

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 [ ] (5) Certain 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).[X] (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. [ ] (10) (Jan 2025) 40118(g)).

(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

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.223-5 Pollution Prevention and Right-to-Know Information. May 2024 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.247-34 F.o.b. Destination. Jan 1991 52.223-10 Waste Reduction Program. (DEVIATION 2025-O0004) May 2024 Deviation 2025-O0004 Mar 2025

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.225-7048 Export-Controlled Items. Jun 2013

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

Aug 2024 Deviation 2024-O0014 Aug 2024

252.201-7000 Contracting Officer's Representative. Dec 1991

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):

Acquisition.gov

(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 deviation (b) Defense Federal Acquisition Regulation Supplement 2 is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

List of Contract Documents, Exhibits, or Attachments

Contracting Officer Statement

"Funds are not presently available for this acquisition. No contract award will be made until funds are made available."

"Only a warranted Contracting Officer (either a Contracting Officer or an Administrative Contracting Officer (ACO)), acting within their appointed limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed with the change and shall immediately notify the Contracting Officer. Proceeding with any work not authorized by the Contracting Officer will be at the Contractor's own risk."

Identifier Document Name Document Description Reference Identifier

Date Line Item Page Numbers

Document Type

Provided Under Separate Cover

Performance Work Statement (PWS)

Performance Work Statement 10 Sep

Attachment No

SCA WD 2015-

5527 Rev 26 Benton

Wage Determination 10 Sep

Attachment No

SCA WD 2015-

5589 Rev 29 Umatilla

Wage Determination 10 Sep

Attachment No

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

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. Oct 2016

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

May 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System. Mar 2023 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

252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation. Dec 2019 252.203-7005 Representation Relating to Compensation of Former DoD Officials. Sep 2022

Addendum to 52.212-1, Instructions to Offerors - Commercial Products and Commercial Services

BIDDER INQUIRY:

Bidder/Offeror Solicitation Questions:

All inquiries regarding this solicitation are to be submitted via Bidder Inquiry. Telephone and email inquiries will not be accepted. Bidder Inquiry is a website that allows bidders to post questions regarding the solicitation and view all questions by other bidders and responses by USACE. Bidder Inquiry can be accessed through ProjNet at https://www.projnet.org.

To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment /question will receive an acknowledgement of the comment /question via email. Another email to the same address will notify the prospective vendor once the reply is available for viewing.

TIMING OF BIDDER INQUIRIES: Bidders are encouraged to submit their bidder inquiries promptly. The Government will make every effort to answer all bidder inquiries; however, the closer to the solicitation due date an inquiry is received, the less likely it is that a timely response can be provided.

The Bidder Inquiry Key is: 7IJ76C-NYA2E5

Specific Instructions for ProjNet Bid Inquiry Access:

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be use from this point on to access the ProjNet system.

7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Instructions for Entering Questions:

1. After you are logged in, click on the "post new inquiry." It is on the left side of the window under the word "Submit."

a.) This is the window where you will enter your questions.

b.) Comment Classification: Click on the down arrow to the right of the words "Please select from below," select "Public."

c.) Discipline: This is where you select who this question should be directed to. Example: if the question is about an electrical drawing or specification, select "Electrical" from the pull-down list.

d.) Sheet. Enter the sheet number of the drawing you are asking about.

e.) Detail. Enter the detail name of the detail shown on the drawing that you are asking about.

f.) Specification. Enter the Specification number and paragraph number.

g.) File. Use this if you are going to attach a pdf file.

h.) Question. Enter your question here.

Specific Instructions for Future ProjNet Bid Inquiry Access:

W912EF25QA057

https://www.projnet.org

1. For future access to ProjNet, you will not be provided any type of password. You will utilize your Secret Question and Secret Answer to log in.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency. This should be marked as USACE.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Email. Enter the email address you used to register previously in ProjNet.

6. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once this is completed, you are now logged into the system.

For questions about the ProjNet Bidder Inquiry, please contact the Call Center help desk at ProjNet: Public User, (833) 389-1097 or 217-367-3273, which operates from 8AM to 5PM (Central US time zone). Bidder inquiry help questions can also be emailed to the helpdesk at staff@projnet.info.

Offerors are cautioned to clearly print prices for all line items. Be especially careful placing decimal points, as a mistake in your offer may render it unresponsive. Your quote must be valid for 30 calendar days after the due date specified for receipt of quotations. Please include shipping costs in the quoted price of each item.

Registration at www.sam.gov is required. If not registered, please do so. Step-by-step help information on how to register is detailed on the website, along with frequently asked questions (FAQs). Lack of registration in the SAM database may make an offeror ineligible for award.

Effective 29 April 2018, the notarized letter process is now mandatory on all CURRENT registrants at SAM who have a requirement to update data on their SAM record. The notarized letter is mandatory and is required for the GSA Federal Service Desk (FSD, https://www.fsd.gov) to activate the entity's registration. Both Federal Assistance entities and all non-Federal entities must mail the original, signed copy of the notarized letter to the Federal Service Desk. Failure to do so within 30 days of activation may result in the registration no longer being active. Mail the completed, signed, notarized letter to:

FEDERAL SERVICE DESK

ATTN: SAM.GOV REGISTRATION PROCESSING

460 INDUSTRIAL BLVD

LONDON, KY 40741-7285

UNITED STATES OF AMERICA

Completion of the required FAR 52.212-3 Alt. I, Offeror Representations and Certifications - Commercial Products and Commercial Services is required. When you complete your SAM registration, the link to complete your Reps and Certs is also available. Please do not hesitate to contact me or the SAM website if you need assistance or have questions.

In accordance with FAR 52.229-3 Federal, State, and Local Taxes, and per Title 4 of the US Code 104-107, the Government is exempt from paying local and state taxes. Exempt Tax Identification Number 91-0828090.

General Contract Information:

Delivery Date________________________________________________

Offeror's Name (Printed) _________________________________________

Offeror's Contact Telephone Number_______________________________

Offeror's Email Address___________________________________________

Federal Tax Identification No. ____________________________________________

CAGE Code ________________ Unique Entity ID ______________________________

Is your company registered on-line in SAM (www.sam.gov)? YES NO

Total Amount of Contract: ____________________________

To ensure receipt of your quote, please send to the attention of Callie Rietfors at:

Email: callie.rietfors@usace.army.mil

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

Submission of Price Quote - Contractor shall submit the following in 1 copy:

1. Signed and dated Standard Form 1449 (Solicitation / Contract / Order for Commercial Items).

2. Signed and dated Standard Form 30, if applicable, for any Amendments to the Solicitation

3. Completed schedule (pricing information) for all line items listed in the solicitation / amendments.

4. Completed Clause 52.212-3 and Alt I, "Offeror Representations and Certifications--Commercial Products and Commercial Services" as noted above.

5. Descriptive Materials (brochures, illustrations, drawings, data sheets, etc.) must be submitted which will allow the Contracting Officer to determine, without discussion with the offeror, whether the products being offered meets all of the required specifications. Submittals shall include copies of manufactures catalog cut sheet, specification sheets, material certifications, and warranty.

BASIS FOR AWARD

The Government will award one contract resulting from this solicitation in accordance with FAR 13.106 to the responsible offeror meeting or exceeding all solicitation requirements and representing the best value based on price.

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)

(May 2024) 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 sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small business concern-

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

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

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that-

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

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

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

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

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

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

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

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that-

(i) It [ ] is, [ ] is not a small business concern; or

(ii) It [ ] is, [ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.

(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph…