Solicitation - W912EK25QA001.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

Saylorville Lake Mowing Contract

MVR.03

QUESTION AND ANSWER

via email

Technical inquiries and questions relating to this solicitation are to be submitted to Jake Anderson at jake.t.

anderson@usace.army.mil no later than 2:00pm on 11 February 2025.

BASIS FOR AWARD

This acquisition is a 100% Small Business Set Aside, competitive procurement utilizing Lowest Price Technically Acceptable (LPTA) best value continuum source selection procedures in accordance with FAR 15.101-2.

A single award will be made to the Offeror who provides a technically acceptable quote with the lowest evaluated price.

Quoted prices will be evaluated but not scored or otherwise combined with the other aspects of the quote evaluation.

B. FACTORS TO BE EVALUATED

Factor 1: Price

Factor 2: Experience

Factor 3: Past Performance

C. EVALUATION APPROACH

All quotes will be evaluated by the Technical Evaluation Team. A quote must receive an "Acceptable" rating in every non-price factor to be considered for award. The two non-price factors are Experience and Past Performance.

Factor1: Price

Price will be evaluated and considered but will not be scored or combined with other aspects of the quote evaluation. An award will be made to the lowest priced, technically acceptable quote. The lowest price will be determined by adding up all listed line items. Offerors shall complete and submit the Schedule of Prices with its quote and include a price for each line item. Failure to submit price for any of the required line items on the Schedule of Prices will render the Offeror's quote as ineligible for award. Offerors will be allowed one quote submission.

Factor2: Experience

The Government will evaluate the Experience Factor on an Acceptable/Unacceptable basis. This factor identifies Experience requirements that are imperative to successful contract performance. The Technical Evaluation Team will evaluate the Offeror's quote against the factors listed below to determine whether the technical quote is Acceptable or Unacceptable. To be considered acceptable, all factors under the technical quote must receive an acceptable rating. The adjectival rating depicts whether the offeror's quote meets the Experience Factor requirements.

Technical Acceptable/Unacceptable Ratings:

ACCEPTABLE= Quote meets the minimum requirements of the solicitation and is rated ACCEPTABLE for Factor 2

UNACCEPTABLE= Quote does not meet the minimum requirements of the solicitation or is rated UNACCEPTABLE for factor 2.

Evaluation Method:

W912EK25QA001

mailto:jake.t.anderson@usace.army.mil mailto:jake.t.anderson@usace.army.mil

The Government will evaluate relevant experience of the Offeror. Relevant experience is what an Offeror has done on past projects. The Offeror shall submit a minimum of three (3) projects within ten (10) years of the solicitation issuance date which demonstrate experience in mowing and trimming jobs of at least 50 Acres, with the following features of work:

The Offeror shall support their technical capabilities using (TECHNICAL EXHIBIT#3), demonstrating sufficient documentation to show their technical capability, such as experience of the company and/or the key personnel and crew who will be performing the work, resumes, equipment lists, etc. or other information to enable the Government to determine the company's capability on projects of similar type, size, scope and complexity.

All Three project examples submitted for FACTOR 2, shall be submitted with corresponding past performance questionnaires (PPQ's) from FACTOR

3. Submitted PPQ's must contain a Point of Contact (POC) as well as one alternate Point of Contact, to include the name, job title of the POC, address, telephone, and e-mail address. The POC and alternate shall be familiar with the scope and details of the project and be a representative of the owner/customer/prime contractor, not affiliated with the Offeror. The POC and alternate shall be able to verify the experience cited.

The Government will evaluate Factor 2: Experience, on an Acceptable/Unacceptable basis. Offerors who are determined "Unacceptable" will not be eligible for award.

Factor2: Experience

Evaluation Ratings Rating Description

Offers will be considered "ACCEPTABLE", for Factor 2 - Experience, if they submit a minimum of three (3) projects within five (5) years of the solicitation issuance date which demonstrate experience in mowing and trimming jobs of at least 50 Acres and submit sufficient documentation to show their technical capability, such as experience of the company and/or the key personnel and crew who will be performing the work, resumes, equipment lists, etc. or other information to enable the Government to determine the company's capability on projects of similar type, size, scope and complexity.

Offers will be considered "UNACCEPTABLE", for Factor 2 - Experience, if they fail to submit a minimum of three (3) projects within five (5) years of the solicitation issuance date which demonstrate experience in mowing and trimming jobs of at least 50 Acres and/or fail to submit sufficient documentation to show their technical capability, such as experience of the company and/or the key personnel and crew who will be performing the work, resumes, equipment lists, etc. or other information to enable the Government to determine the company's capability on projects of similar type, size, scope and complexity.

Factor3: Past Performance:

An Offeror's past performance is a measure of the degree to which an Offeror was successful on previous mowing/trimming projects of comparable scale. The Government will evaluate the information/performance data provided by Offerors in accordance with FAR 15.305. For this factor, the same three (3) project examples submitted for FACTOR 2, shall be submitted on three

(3) separate past performance questionnaires (PPQ's) (see TECHNICAL EXHIBIT #4).

Ifmore than three (3) projects are submitted, only the three (3) most recent projects will be considered. The forms shall identify whether the contract is active or complete, whether the contract was with a Government (federal, state, local, etc.) or a commercial entity, and whether the Offeror was the prime contractor, a subcontractor, or member of a joint venture. The PPQ respondent must have been a client, or client representative, with whom the Offeror/subcontractor had a contract, or subcontract (if applicable) for one or more projects.

Offerors are responsible for collecting questionnaires and submitting them to the contracting office with their quote packages.

The PPQ respondent must have first-hand knowledge of the Offeror's performance.

In addition to the above, past performance information may be obtained from established systems such as the Contractor Performance Assessment Reporting System (CPARS), Federal Awardee Performance and Integrity Information System(FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; and may be obtained from other sources available to the Government, such as the Defense Contract Management Agency;

and interviews with Program Managers, Contracting Officers, and Fee Determining Officials.

The Government reserves the right to evaluate the past performance of any team member in the Offeror's quote using all CAGE/DUNS numbers (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate)identified as part of its assessment of the acceptability of that Offeror's quote.

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

The Government will evaluate the Past Performance factor on an Acceptable/Unacceptable basis based on the descriptions outlined in Table C-4.

Offerors who are determined "Unacceptable" will not be eligible for award.

W912EK25QA001

Factor3: Past Performance Evaluation Ratings Rating Description whose past ACCEPTABLE Offerors performance information demonstrates all the elements being rated at satisfactory or above, or whose performance record is unknown (see note below), will be rated Acceptable for Past Performance.

UNACCEPTABLE Offerors whose past performance information demonstrates any of the element being rated as marginal or lower will be rated Unacceptable for Past Performance.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR15.305(a)(2)(iv)). Therefore, the offeror shall be determined to have unknown (or "neutral") past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered "acceptable."

SPECIAL INSTRUCTIONS

1. LOWEST PRICE TECHNICALLY ACCEPTABLE (LPTA) PROCUREMENT:

This will be a lowest price technically acceptable acquisition. Award will be made based on best value to the Government, not based on price alone, in accordance with FAR Part 52.212-2, Evaluation - Commercial Items.

2. REQUIRED SAM REGISTRATION:

Prior to submitting an offer, offerors must be actively registered in the System for Award Management (SAM) website. Registration instructions may be obtained, and online registration may be accomplished at www.sam.gov.

3. SCOPE OF WORK:

The Scope of Work is described within the solicitation. Offerors should understand the services requested and then include the appropriate amount on the Schedule of Prices/CLINS. Refer to section B-4.

4. BID SCHEDULE (LINE ITEMS/CLINS):

Offers must include contained in the basic period and all option years to be considered for award. Offers received not all items and entire quantities complying with this requirement will be considered non-responsive and will be rejected.

5. WAGE RATES:

Prevailing Wage Rates will apply for any award resulting from this solicitation. See the included Wage Determination, and contract clauses 52.222- 41, Service Contract Act of 1965 for details.

6. DOCUMENTS TO RETURN:

In order to be considered responsive, offerors must complete and return all of the following:

Solicitation Cover Sheet, including Taxpayer ID Number, CAGE Code, Point of Contact, Phone Number and Email Address First page of solicitation, including offeror's complete mailing address, telephone number, offeror's name, title, and signature.

Complete the "Bid Schedule Of Prices (CLINs)" By filling out COLUMN E ONLY.

Technical Capability Statement ( )Technical Exhibit #3 Past Performance Questionnaire (Technical Exhibit #4)

Offerors must thoroughly complete the solicitation pages and assure all return pages are received by the due date and time shown on page 1 of the solicitation, at the email address indicated. Completed proposals must be emailed to the person listed on the cover sheet.

7. TELEPHONE NUMBER:

Offerors must provide on the first page of this solicitation a telephone number at which they can be contacted for a period of one week following the due date of this solicitation. Offers from persons who cannot be contacted by telephone during normal office hours (8:00 a.m. through 4:00 p.m.

CST) within the one-week period following closing of this RFP will be considered non-responsive and will be removed from further consideration.

8. :LENGTH OF CONTRACT

Performance of the mowing with options (if exercised) will be from 01 March 2025 (or date of award if later) to 1December 2029.

9. GENERAL:

1. The Contractor shall provide all equipment, supplies (unless specified otherwise), labor, and supervision necessary to perform the work described herein at various locations throughout Saylorville Lake managed area.

2. Each work item shall be performed according to the specifications described herein.

10. WORK LOCATIONS:

1. Work sites are widely scattered and vary in topography, vegetative cover, and access for equipment. Several work sites may be contained within the same area, providing for efficiency and economy of scale. However, travel time between sites should also be considered and offer accordingly.

2. Site locations are indicated on Technical Exhibit #1 - Maps.

11.SPECIAL INSTRUCTIONS:

1. Thoroughly read the Scope of Work, attached herein of the request for offers. Your offer should be based on the requirements of the job and what it will take to successfully complete the job.

2. The Schedule of Prices shall be fully completed with no missing or blank entries. Offerors should refer to Scope of Work for a description of work to be performed and quantities identified on the Schedule of Prices when submitting an offer.

3. The breakdown of unit price is included for evaluation, for invoicing prices for each service, and may be used in determining deductions for deficiencies in accordance with the contract clauses.

12. EVALUATION OF OPTIONS:

1. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirements.

2. Evaluation of options will not obligate the Government to exercise the option (s).

13. :SITE VISIT

Offerors who wish to request a site visit should contact the Saylorville Lake Administration Office at (515)276-4656 to schedule an appointment. The point of contact is John Benjamin, telephone extension #6510.

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

BASE SAYLORVILLE LAKE MOWING: 01

March 2025 - 01 December Provide mowing and trimming services, including all labor and equipment, for the campground areas at Saylorville Lake, in accordance with the Performance Work Statement, Technical Exhibits, and attachments included herein

Product Service Code: S208 Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

OPTION 1 SAYLORVILLE LAKE MOWING: 01

March 2026 - 01 December Provide mowing and trimming services, including all labor and equipment, for the campground areas at Saylorville Lake, in accordance with the Performance Work Statement, Technical Exhibits, and attachments included herein

Product Service Code: S208 Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

OPTION 2 SAYLORVILLE LAKE MOWING: 01

March 2027 - 01 December Provide mowing and trimming services, including all labor and equipment, for the campground areas at Saylorville Lake, in accordance with the Performance Work Statement, Technical Exhibits, and attachments included herein

Product Service Code: S208 Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

OPTION 3 SAYLORVILLE LAKE MOWING: 01

March 2028 - 01 December Provide mowing and trimming services, including all labor and equipment, for the campground areas at Saylorville Lake, in accordance with the Performance Work Statement, Technical Exhibits, and attachments included herein

Product Service Code: S208 Pricing Arrangement: Firm Fixed Price

1 Job

OPTION 4 SAYLORVILLE LAKE MOWING: 01

March 2029 - 01 December

Option Line Item

Provide mowing and trimming services, including all labor and equipment, for the campground areas at Saylorville Lake, in accordance with the Performance Work Statement, Technical Exhibits, and attachments included herein

Product Service Code: S208 Pricing Arrangement: Firm Fixed Price

1 Job

Continuation of Description

Requirements Saylorville Lake Mowing 100% Small Business Set-Aside NAICS: 561730 - Landscaping Services Size Standard: $9,500,000.00 All questions shall be addressed in accordance with MVR.03 - Questions and Answer via email - jake.t.

anderson@usace.army.mil

Continuation of Deliveries or Performance

From 01 Mar 2025 to 01 Dec 2025

Line Item Delivery Schedule Quantity Address and POC

Period of Performance From 01 Mar 2025 To 01 Dec 2025

1 Job

Option Line Item

Period of Performance From 01 Mar 2026 To 01 Dec 2026

1 Job

Option Line Item

Period of Performance From 01 Mar 2027 To 01 Dec 2027

1 Job

Option Line Item

Period of Performance From 01 Mar 2028 To 01 Dec 2028

1 Job

Option Line Item

Period of Performance From 01 Mar 2029 To 01 Dec 2029

1 Job

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

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7012 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

252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006

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.

(Nov 2024)

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Nov 2024)

(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 (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

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

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

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

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

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

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

[Contracting Officer check as appropriate.]

[ ] (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).

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

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

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

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

[ ] (6) [Reserved].

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

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

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

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

[ ] (11)

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

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

[ ] (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

(Nov 2021) (31 U.S.C. 6101 note).

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

[ ] (14) [Reserved].

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

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

[ ] (17) [Reserved]

[ ] (18)

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

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

[ ] (19)

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

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

[ ] (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).

[ ] (21)

(i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).

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

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

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

[ ] (v) Alternate IV (Sep 2023) of 52.219-9.

[ ] (22)

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

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

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

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

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

[ ] (26)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) (15 U.S.C. 632(a)(2)).

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

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

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

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

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

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

[ ] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

[ ] (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

[ ] (34)

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

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

[ ] (35)

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

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

[ ] (36)

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

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

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

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

[ ] (39)

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

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

[ ] (40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially 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.)

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

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

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

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

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

[ ] (46) 52.223-23, Sustainable Products and Services (May 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C.

7671l).

[ ] (47)

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

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

[ ] (48)

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

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

[ ] (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 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.

[ ] (ii) Alternate I [Reserved].

[ ] (iii) Alternate II (Dec 2022) of 52.225-3.

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

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

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

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

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

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

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

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

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

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

3805).

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

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

[ ] (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[ ] (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

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

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

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

[ ] (65)

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

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

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

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

[Contracting Officer check as appropriate.]

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

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

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

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

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

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

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

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

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

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

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

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

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

(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 (Nov 2021) (41 U.S.C. 3509).

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

(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 2023) (Section 1634 of Pub. L. 115-91).

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

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

(vii)

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

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

(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

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

(xvi)

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

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

(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 (May 2022) (E.O. 12989).

(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 (Jan 2022) (E.O. 13706).

(xxii)

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

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

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

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

(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 (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

Addendum to Contract Clauses

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.223-5 Pollution Prevention and Right-to-Know Information. May 2024 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.223-10 Waste Reduction Program. May 2024 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.232-18 Availability of Funds. Apr 1984 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. Apr 1984 52.246-1 Contractor Inspection Requirements. Apr 1984

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative. Dec 1991 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.243-7001 Pricing of Contract Modifications. Dec 1991

FAR Clauses Incorporated by Full Text

52.217-8 Option to Extend Services. (Nov 1999)

As prescribed in , insert a clause substantially the same as the following:17.208(f)

Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed . The Contracting Officer may exercise the option by written notice 6 months to the Contractor within .60 days

(End of clause)

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

As prescribed in , insert a clause substantially the same as the following:17.208(g)

Option to Extend the Term of the Contract (Mar 2000)

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

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

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

The total duration of this contract, including the exercise of any options under this clause, shall not exceed (c) the period as noted on the bid schedule .and/or the schedule of prices

(End of clause)

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

As prescribed in 52.107(b), insert the following clause:

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 ____ ____[Insert one or more Internet addresses]

(End of clause)

List of Contract Documents, Exhibits, or Attachments

All listed attachments 01 through 08 will be posted to SAM.gov as separate attachments.

Number Attachment Name

Attachment Description Reference Identifier Date Line Item

# Of Pages

1 - PWS -

Saylorville Mowing Contract

Performance Work Statement 29 Jan

2 BID Schedule of Prices CLINS

BID Schedule of Prices CLINS - Excel Spread Sheet

29 Jan

TE #1 - Mowing Area Maps

TE #1 - Mowing Area Maps -

SAYLORVILLE

29 Jan

TE #2 - Quality Assurance Surveillance Plan - QASP

TE #2 - Quality Assurance Surveillance Plan - QASP

29 Jan

TE #3 -

Technical Capability Statement

TE #3 - Technical Capability Statement 29 Jan

TE #4 - Past Performance Questionnaire

Performance Work Statement 29 Jan

TE #5 -

Pesticide Sheet

Performance Work Statement 29 Jan

DB Wage Determination

2015-4979 REV

Wage Determination 29 Jan

Solicitation Provisions

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

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

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

Nov 2021

52.204-7 System for Award Management. Nov 2024 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services. Sep 2023

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

252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation. Dec 2019

Evaluation - Commercial Products and Commercial Services

FAR Clauses Incorporated by Full Text

52.212-2 Evaluation-Commercial Products and Commercial Services. (Nov 2021)

As prescribed in , the Contracting Officer may insert a provision substantially as follows:12.301(c)

Evaluation-Commercial Products and Commercial Services (Nov 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Lowest Price Technically Acceptable.

(b) . The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic Options requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

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.

(May 2024)

As prescribed in 12.301(b)(2), insert the following provision:

Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision-

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

Forced or indentured child labor means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395 (b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except-

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110- 174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

(1) Are conducted under…