SOLICITATION W912PB21Q3023.pdf

SEE ADDENDUM

(No Collect Calls)

W912PB21Q3023 22-Mar-2021

b. TELEPHONE NUMBER

SEE POC PAGE

8. OFFER DUE DATE/LOCAL TIME

04:30 PM 21 Apr 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912PB9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DONNA.L.SPENCE

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011590373

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

RCO BAVARIA

AMERIKANISCHE BESCHAFFUNGSSTELLE

GEB 542

92655 GRAFENWOEHR LAGER

GERMANY

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE WK4FRD 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

W6FHAA

5834A BISMARCK KASERNE

91522 ANSBACH - KATTERBACH

GERMANY

TEL: FAX:

FAX:

TEL: SEE NAME OF POC

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

221310

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF78

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912PB21Q3023

Section SF 1449 - CONTINUATION SHEET

SOLICITATION / AWARD INFORMATION AND INSTRUCTION

General Information:

Regional Contracting Office POC:

Contract Specialist: Donna Spence

COMM: (+49) 09641-70-526-8706

DSN: 314-526-8706

E-mail: donna.l.spence2.civ@mail.mil

Customer POC: To be added at time of award.

Short Description of Requirement: Service & Maintenance of Chlorination Stations USAG Ansbach Germany.

PERIOD OF PERFORMANCE:

The PoP shown herein is tentative. The Government will try to make an award before that date, however, should an award be made after that date, there will be an administrative change on the contractual document and the award must be signed/accepted by the contractor.

In the event of a disagreement between the English text and any courtesy translation of this specification the English text shall govern.

Im Falle einer Unstimmigkeit zwischen dem englischen Text und einer Gefälligkeitsübersetzung ist der englische Text maßgebend.

SAM AND WAWF INFO

1. SAM BACKGROUND

The System for Award Management (SAM) is a computer system accessed by the Internet managed by the U.S. Government.

Entities must have an active registration in SAM to do business with the U.S. Government. An “entity” is the company, business, or organization registering in SAM. Each entity is represented by a nine-digit unique entity identifier, the Data Universal

Numbering System (DUNS) Number as issued by Dun & Bradstreet.

2. WIDE AREA WORKFLOW (WAWF) BACKGROUND

WAWF (as part of PIEE – Procurement Integrated Enterprise Environment) is a convenient online solution that allows vendors to electronically submit invoices and receiving reports; allows the Government to perform inspection and acceptance of goods and services, and interfaces with payment systems to receive transactions electronically.

Registration Instructions (English, German and Polish) must be requested from the Contract

Specialist shown herein.

IMPORTANT NOTE:

mailto:donna.l.spence2.civ@mail.mil

Please see further instructions to offerors in the ADDENDA section of this document.

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0001 1 Job Chlorination Station BLEIDORN

FFP

Maintenance work for the Chlorination and Flourination Plant IAW PWS para

5.2.2 and 5.2.3, (Bldg # 5107,5080, 5081, 5082, 5085, 5086, 5087,5088, 5089, 5092, 5093, 5094, 5095, 5096, 5097, 5099)

FOB: Destination

PURCHASE REQUEST NUMBER: 0011590373

PSC CD: J046

ESTIMATED

NET AMT

UNIT UNIT PRICE ESTIMATED AMOUNT

0002 1 Job Chlorination Station BARTON BARRACKS

FFP

Maintenance work for the Chlorination and Flourination Plant IAW PWS para

5.2.1. (Bldg # 5259 A)

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

0003 1 Job Chlorination Station URLAS

FFP

Maintenance work for the Chlorination and Flourination Plant IAW PWS para

5.2.1. (Bldg # 8150)

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

0004 1 Job Chlorination Station SHIPTON

FFP

Maintenance work for the Chlorination and Flourination Plant IAW PWS para

5.2.1. (Bldg 8034)

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

0005 1 Job Chlorination Station KATT

FFP

Maintenance work for the Chlorination and Flourination Plant IAW PWS para

5.2.2.(Bldg 5910)

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

0006 1 Job Chlorination Station ILL

FFP

Maintenance work for the Chlorination and Flourination Plant IAW PWS para

5.2.2 (Bldg 6640)

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

0007 1 Job Chlorination Station FRANKEN

FFP

Maintenance work for the Chlorination and Flourination Plant IAW PWS para

5.2.1. (Bldg 5 and 8206 Radar Site)

FOB: Destination

ITEM NO SUPPLIES/SERVICES EST.

UNIT UNIT PRICE EST. AMOUNT

0008 1 Job Repair parts

T&M

Repair parts IAW PWS para 5.1.5. DO NOT OFFER ON THIS CLIN; AMOUNT

WILL BE PLACED AT TIME OF AWARD.

FOB: Destination

TOT ESTIMATED PRICE

CEILING PRICE

UNIT UNIT PRICE EST. AMOUNT

0009 100 Hours Labor hours

LH

Labor hours IAW PWS para 5.1.4

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

1001 1 Job OPTION Chlorination Station BLEIDORN OPTION YR1

FFP

Maintenance work for the Chlorination and Flourination Plant IAW PWS para

5.2.2 and 5.2.3, (Bldg # 5107,5080, 5081, 5082, 5085, 5086, 5087,5088, 5089, 5092, 5093, 5094, 5095, 5096, 5097, 5099)

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

1002 1 Job OPTION Chlorination Station BARTON OPTION YR1

FFP

Maintenance work for the Chlorination and Flourination Plant IAW PWS para

5.2.1. (Bldg # 5259 A)

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

1003 1 Job OPTION Chlorination Station URLAS OPTION YR1

FFP

Maintenance work for the Chlorination and Flourination Plant IAW PWS para

5.2.1. (Bldg # 8150)

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

1004 1 Job OPTION Chlorination Station SHIPTON OPTION YR1

FFP

Maintenance work for the Chlorination and Flourination Plant IAW PWS para

5.2.1. (Bldg 8034)

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

1005 1 Job OPTION Chlorination Station KATT OPTION YR1

FFP

Maintenance work for the Chlorination and Flourination Plant IAW PWS para

5.2.2.(Bldg 5910)

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

1006 1 Job OPTION Chlorination Station ILL OPTION YR1

FFP

Maintenance work for the Chlorination and Flourination Plant IAW PWS para

5.2.2 (Bldg 6640)

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

1007 1 Job OPTION Chlorination Station FRANKEN OPTION YR 1

FFP

Maintenance work for the Chlorination and Flourination Plant IAW PWS para

5.2.1. (Bldg 5 and 8206 Radar Site)

FOB: Destination

UNIT UNIT PRICE EST. AMOUNT

1008 1 Job OPTION Repair Parts OPTION YR1

T&M

Repair parts IAW PWS para 5.1.5. DO NOT OFFER ON THIS CLIN; AMOUNT

WILL BE PLACED AT TIME OF AWARD.

FOB: Destination

UNIT UNIT PRICE EST. AMOUNT

1009 100 Hours OPTION Labor hours OPTION YR1

LH

Labor hours IAW PWS para 5.1.4

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

2001 1 Job OPTION Chlorination Station BLEIDORN OPTION YR2

FFP

Maintenance work for the Chlorination and Flourination Plant IAW PWS para

5.2.2 and 5.2.3, (Bldg # 5107,5080, 5081, 5082, 5085, 5086, 5087,5088, 5089, 5092, 5093, 5094, 5095, 5096, 5097, 5099)

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

2002 1 Job OPTION Chlorination Station BARTON OPTION YR2

FFP

Maintenance work for the Chlorination and Flourination Plant IAW PWS para

5.2.1. (Bldg # 5259 A)

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

2003 1 Job OPTION Chlorination Station URLAS OPTION YR2

FFP

Maintenance work for the Chlorination and Flourination Plant IAW PWS para

5.2.1. (Bldg # 8150)

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

2004 1 Job OPTION Chlorination Station SHIPTON OPTION YR2

FFP

Maintenance work for the Chlorination and Flourination Plant IAW PWS para

5.2.1. (Bldg 8034)

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

2005 1 Job OPTION Chlorination Station KATT OPTION YR2

FFP

Maintenance work for the Chlorination and Flourination Plant IAW PWS para

5.2.2 (Bldg 5910)

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

2006 1 Job OPTION Chlorination Station ILL OPTION YR2

FFP

Maintenance work for the Chlorination and Flourination Plant IAW PWS para

5.2.2 (Bldg 6640)

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

2007 1 Job OPTION Chlorination Station FRANKEN OPTION YR2

FFP

Maintenance work for the Chlorination and Flourination Plant IAW PWS para

5.2.1. (Bldg 5 and 8206 Radar Site)

FOB: Destination

UNIT UNIT PRICE EST. AMOUNT

2008 1 Job OPTION Repair Parts OPTION YR2

T&M

Repair parts IAW PWS para 5.1.5. DO NOT OFFER ON THIS CLIN; AMOUNT

WILL BE PLACED AT TIME OF AWARD.

FOB: Destination

UNIT UNIT PRICE EST. AMOUNT

2009 100 Hours OPTION Labor hours OPTION YR2

LH

Labor hours IAW PWS para 5.1.4

FOB: Destination

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JUN-2021 TO

31-MAY-2022

N/A W6FHAA

5834A BISMARCK KASERNE

91522 ANSBACH - KATTERBACH

GERMANY

FOB: Destination

WK4FRD

0002 POP 01-JUN-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-JUN-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-JUN-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-JUN-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-JUN-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 01-JUN-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 01-JUN-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 01-JUN-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-JUN-2022 TO

31-MAY-2023

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-JUN-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-JUN-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-JUN-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 01-JUN-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 01-JUN-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

1007 POP 01-JUN-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

1008 POP 01-JUN-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

1009 POP 01-JUN-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-JUN-2023 TO

31-MAY-2024

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-JUN-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-JUN-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-JUN-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 01-JUN-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

2006 POP 01-JUN-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

2007 POP 01-JUN-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

2008 POP 01-JUN-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

2009 POP 01-JUN-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.204-7 System for Award Management OCT 2018

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements--

Commercial Item Acquisition

FEB 2007

52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984

52.232-18 Availability Of Funds APR 1984

52.232-37 Multiple Payment Arrangements MAY 1999

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services

-- Representation

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2021

252.215-7008 Only One Offer JUL 2019

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997

252.232-7010 Levies on Contract Payments DEC 2006

252.233-7001 Choice of Law (Overseas) JUN 1997

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JAN 2021

252.246-7008 Sources of Electronic Parts MAY 2018

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--

Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the

Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

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

Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds

"will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

https://www.sam.gov/

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the

Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the

Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent

Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA

Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point

(DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award

Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the

Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(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:

1. Technical

2. Past Performance

3. Price http://www.sam.gov/

Award will be made on the basis of the lowest evaluated price of offers meeting the acceptability standards for non-price factors.

Factor 1: Technical

The Technical rating will be based on an “Acceptable” / “Unacceptable” basis. The following definitions will be used in evaluating the offeror’s offer against the technical requirement.

Rating Description

Acceptable Offer clearly meets the minimum requirements of the solicitation.

Unacceptable Offer does not clearly meet the minimum requirements of the solicitation.

Subfactor 1: Experience

This subfactor is met when the offeror provides the following:

a. Supporting documentation demonstrating that the offeror has a minimum of three (3) years experience in trouble-shooting, repair, and maintenance of the Chlorination and Fluorination systems IAW para 2.1.11.1.4 of the PWS. Certificates, documents, and/or references confirming the qualification of the offeror, to include sub-contractors, shall be submitted to the Contracting Officer along with the submission of the offer.

Subfactor 2: Certification

This subfactor is met when the offeror provides the following:

b. Supporting documentation demonstrating that the offeror and staff are certified according to DIN ISO 9001 for the necessary work IAW para 2.1.11.1.4 of the PWS. Certificates, documents, and/or references confirming the qualification of the offeror, to include sub-contractors, shall be submitted to the Contracting Officer along with the submission of the offer.

The technical factor is met when the Offeror’s proposal clearly demonstrates evidence of the full capability for executing the PWS requirements and meeting the subfactor(s) above.

Factor 2: Past Performance

The Past Performance rating will be based on an “Acceptable” / “Unacceptable” basis. The following definitions will be used in evaluating the degree the offeror will satisfactorily provide the required services based on past and current performance records. An Acceptable or Unacceptable rating will be determined as follows:

Rating Description

Acceptable Based on the offeror’s performance record, the

Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below.)

Unacceptable Based on the offeror’s performance record, the

Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

The contractor will provide no more than three (3)records for a proper evaluation.

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. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

a. Past Performance Information: The information presented in the Past Performance References and information obtained from other available sources other than those identified by the Offeror (such as past performance information obtained from Federal, State and local Government agencies, better business bureaus, published media, and electronic data bases available to the Government) will be the basis for evaluation of this factor.

b. Past Performance Evaluation: The Government will consider the offeror’s previous and current record of contractual performance. The Government assessment will focus on recent contracts that are relevant to the effort required by this solicitation. Recent is defined for this action to be contracts that were performed within the last three (3) calendar years from the issuance date of the Request for Quotes (RFQ). Relevant contracts include individual contracts that are similar, in whole, to this solicitation, including contracts performed by a teaming partner or subcontractor.

c. The Government may reject a offer if it is found that any information that has a negative impact on the offeror’s past performance record has been deleted, misrepresented, or withheld.

d. It is at the Government’s discretion to determine whether past performance information furnished is or is not considered similar to the size and scope of the present requirement. Should the offeror have no past performance information the Government will assign a rating of “Acceptable.”

e. Offerors are cautioned that, in conducting the past performance assessment, the Government may use data provided in the offeror's offer and data obtained from other sources. Since the Government may not necessarily interview all of the sources provided by the offerors, it is incumbent upon the offerors to explain the relevance of the data provided. Offerors are reminded that while the Government may elect to consider data obtained from other sources, the burden of proving an “acceptable” past performance rests with the offerors.

f. Offerors may provide information on problems encountered on the contracts identified in their past performance submissions and the offerors’ corrective actions.

Factor 3: Price:

a. The total evaluated price shall be the sum of all CLIN prices listed in the schedule for the base year, all option years, and an additional six months of service possible under FAR 52.217-8. To account for the option period(s) possible under Clause 52.217-8 (maximum six months). Option to Extend Services, the Government will take the price for all CLINS of the final option period, prorate it to a six-month value, and add it to the sum of all CLINS (base plus all option periods). This amount will be the total evaluated price.

b. Currency: Offers submitted in response to this solicitation shall be in terms of local currency or U.S. Dollars.

For evaluation purposes, the Government shall use the current FY Budget Rate to convert the local currency

(i.e. Euro € = 0.8978 ) offers into U.S. Dollars.

In the event an offer is received in a currency other than Euro (€), and there is no official Budget Rate, the

Government shall use the daily exchange rate on the solicitation closing date to convert the currency into U.S.

Dollar for evaluation purposes. Conversion Rate will be pulled from www.XE.com.

c. Each offeror’s proposed price will be evaluated to determine whether it is fair and reasonable as per FAR

13.106-3.

The Government reserves the right to conduct a price realism analysis of prices considered to be unrealistically low.

The Government may consider offeror(s) understanding of the items or ability to deliver the items in this analysis and risk assessment. An unrealistically low price may result in the offeror’s proposed price rejected and ineligible for award.

(b) Options:

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. To account for the option period(s) possible under Clause 52.217-8 (maximum six months), Option to Extend Services, the Government will take the price for all CLINS of the final option period, prorate it to a six-month value, and add it to the sum of all CLINS (base plus all option periods). This amount will be the total evaluated price. 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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

ALTERNATE I (OCT 2014)

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

(a) Definitions. As used in this provision--

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

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

"Forced or indentured child labor" means all work or service—

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

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

https://www.sam.gov/

"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.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

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

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"—

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

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

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

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

(50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"—

(1) Means a small business concern—

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

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

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

"Small business concern"—

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

CFR part 121 and size…