ATTACHMENT_1_-_STATEMENT_OF_WORK.pdf
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SPE300-19-R-0070 SUBSISTENCE PRIME VENDOR ALASKA
Statement of Work
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SF1449 - CONTINUATION SHEET
ADMINISTRATIVE DATA/DELIVERY SCHEDULE
CONTINUATION OF THE BLOCKS ON PAGE 1 (SF 1449)
BLOCK 8 (continued)
OFFER DUE DATE/LOCAL TIME: December 3, 2019 3:00 P.M. US EASTERN TIME
NOTE: For offers from Joint Ventures or Partnerships, this solicitation and any amendments must be signed by each party to the Joint Venture or Partner and submitted along with the offer. Only one originally signed copy of this solicitation document is required for submission.
All offers are required to be mailed to the Defense Logistics Agency (DLA) Troop Support Post
Office Box 56667 or hand carried to the DLA Troop Support Business Opportunities Office as described in Block 9 below.
BLOCK 9 (continued):
All offers/modifications/withdrawals must be plainly marked on the OUTERMOST
ENVELOPE with the solicitation number, closing date, and time set for the receipt of offers.
Send MAILED OFFER to:
DEFENSE LOGISTICS AGENCY
DLA TROOP SUPPORT
POST OFFICE BOX 56667
PHILADELPHIA, PA 19111-6667
Deliver HAND CARRIED OFFER, including delivery by commercial carrier, to:
DLA TROOP SUPPORT
BUSINESS OPPORTUNITIES OFFICE
BLDG. 45, FIRST FLOOR ROOM 167
700 ROBBINS AVENUE
PHILADELPHIA, PA 19111-5092
All hand carried offers are to be delivered to the Business Opportunities Office between 8:00 AM and 5:00 PM, Monday through Friday, except for legal federal holidays as set forth in 5 USC 6103.
Contractors intending to deliver offers in-person should be advised that the Business Opportunities
Office (Bid Room) is located within a secure military installation. In order to gain access to the facility, an escort may be required. The escort will be an employee from the Bid Room. The
2 | P a g e following are telephone numbers for the Bid Room: (215)737-8511, (215)737-9044, (215)737-
8556, (215)737-0317. It is the offeror’s responsibility to ensure that offers are received at the correct location at the correct time. Please allow sufficient time to complete delivery of hand carried offers. Since the length of time necessary to gain access to the facility varies based on a number of circumstances, it is recommended that you arrive at the installation at least one hour prior to the time the solicitation closes to allow for security processing and to secure an escort.
NOTE: THIS IS A SUGGESTION AND NOT A GUARANTEE THAT YOU WILL GAIN
ACCESS TO THE BASE IF YOU ARRIVE ONE HOUR BEFORE THE OFFER IS DUE.
Offerors that respond to this solicitation using a commercial carrier service must ensure that the commercial carrier service “hand carries” the package to the Business Opportunities Office prior to the scheduled closing time.
NOTE: Facsimile and E-mail Offers are not acceptable forms of transmission for submission of initial proposals or revisions to initial proposals submitted in response to this solicitation.
As directed by the Contracting Officer, facsimile and e-mail may be used during discussions/negotiations, if discussions/negotiations are held, for proposal revision(s), including Final Proposal revision(s).
BLOCK 17A (Continued):
OFFERORS: SPECIFY
CAGE CODE: ___________________________________________________________
TYPE OF OFFEROR: (circle one) Individual doing business as a firm, Partnership, Corporation, Joint Venture, or Other (please explain) ________________________________
FOREIGN BUSINESS (Circle………YES – OR -- NO)
PRIMARY COMPANY POC/NEGOTIATOR: ____________________________________
PHONE #: __________________________________________________________________
E-MAIL ADDRESS: ______________________________________________________
BLOCK 17B (CONTINUED)
REMITTANCE WILL BE MADE TO THE ADDRESS THAT THE CONTRACTOR HAS
LISTED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM).
OFFEROR’S assigned DUNS Number:
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AUTHORIZED NEGOTIATORS:
The offeror represents that the following persons are authorized to negotiate on its behalf with the
Government in connection with this request for proposal. Please list names, titles, e-mail addresses, and telephone numbers for each authorized negotiator.
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CAUTION NOTICE TO DLA SUPPLIERS
The Government reserves the right to cancel this solicitation. If this should occur, the
Government will not be liable for any proposal preparation cost or any other costs that offerors may have incurred related to this solicitation.
In accordance with FAR 52.225-25, each offeror must certify that the offeror, and any person owned or controlled by the offeror, does not engage in any activity for which sanctions may be imposed under section 5 of the Iran Sanctions Act. Each offeror shall update its SAM certifications and/or by submission of an offer, make the above certification (See FAR
52.212-3, paragraph (o)).
CONTRACTOR CODE OF BUSINESS ETHICS
FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violation found in title 18 of the United States Code or a violation of the False Claims Act (31 U.S.C. 3729-
3733).
If this solicitation or contract includes FAR clause 52.203-13 – CONTRACTOR CODE OF
BUSINESS ETHICS AND CONDUCT ; the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act (31 U.S.C. 3729-3733). When FAR 52.203-13 is included in the contract, contractors must provide a copy of its written code of business ethics and conduct to the Contracting Officer upon request by the Contracting Officer.
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CAUTION NOTICE
****PRE-PROPOSAL QUESTIONS****
SOLICITATION NUMBER SPE300-19-R-0070
DLA TROOP SUPPORT WILL ENTERTAIN PRE-PROPOSAL QUESTIONS TO
FURTHER CLARIFY AND DISCUSS THE REQUIREMENTS OF THIS
SOLICITATION.
DUE DATE FOR QUESTIONS IS November 12, 2019 NOON, PHILADELPHIA TIME.
IF YOU PLAN TO SUBMIT QUESTIONS, PLEASE SEND AN E-MAIL WITH THE
FOLLOWING INFORMATION:
NAME OF FIRM
NAME AND TITLE OF REPRESENTATIVE
ADDRESS OF FIRM
E-MAIL ADDRESS
PHONE NUMBER
SIZE OF BUSINESS
QUESTIONS
THIS INFORMATION MAY BE E-MAILED TO
Meghan Freda and Brandon DiBona
Meghan.freda@dla.mil and Brandon.dibona@dla.mil
NOTE: Vendors are encouraged to carefully review the solicitation before developing questions for submission. Answers to questions will be provided via amendment.
mailto:Meghan.freda@dla.mil mailto:Brandon.dibona@dla.mil
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???? DID YOU REMEMBER TO: ????
Number Reminder Check
1 Print and distribute the past performance questionnaire to your contract holders?
2 Identify your authorized negotiators above as required? (page 3) Did you identify which negotiator will serve as the primary point of contact? (page 2)
3 Use the Attachment “Market Basket” spreadsheet for submission of your pricing information?
4 Prepare and return 1 written and 1 electronic copy of a signed and completed solicitation document (Volume I), to include all attachments and amendments of this solicitation. ; 6 written and 1 electronic copies of the Technical Proposal
(Volume II); 2 written copies of the Business Proposal / Pricing (Volume III), inclusive of Attachment “ Market Basket” and 1 electronic copy of Attachment
“Market Basket”. Be sure that all electronic copies match your written copies and include all attachments.
5 Submit (1) hard copy of each MANUFACTURER’S quote using the official
DLA Quote sheet, for every item listed on the Market Basket Attachment tab
“Market Basket” (ONE COPY OF THE QUOTE FOR EACH INDIVIDUAL
ITEM IN THE MARKET BASKET)? Identify the item number from the market basket that it supports on the quote sheet? Submit the quotes in item number sequence? Submit quotes that are dated no earlier than
October 11, 2019. Was each line on the Official DLA Quote sheet completed by the manufacturer? Are FOB Origin Terms clearly identified on the quote? Is the NAPA discount clearly identified on the quote and removed from the delivered price? Refer to solicitation for actual requirements.
6 Submit a list of CONUS ‘Distribution Facility(s)” or “Places of Performance(s)” that will directly support the proposed customers Factor I)? Warehouses functioning as backups should be designated as such. “Contiguous United States
(CONUS)” means the 48 contiguous States and the District of Columbia.
7 Submit your best offer?
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TABLE OF CONTENTS
CONTRACT CLAUSES/REQUIREMENTS 9
INTRODUCTION 54
ESTIMATED VALUE/GUARANTEED MINIMUM/MAXIMUM QUALITY 55
CONTRACT IMPLEMENTATION PHASE 56
DISTRIBUTION CATEGORIES 57
DOMESTIC ITEM PREFERENCE 60
LOCAL MARKET READY ITEMS 61
BRAND NAME ITEMS 61
MANDATORY ITEMS (MANDATORY FOOD PRODUCTS AND
NON-FOOD ITEMS) 61
NATIONAL ALLOWANCE PROGRAM AGREEMENT (NAPA) 64
REBATES/DISCOUNTS 67
ITEM AVAILABILITY 68
DISPENSING SUPPLIES 69
DISPOSAL OF PRODUCTS 70
TRANSPORTATION 71
AIRLIFTS 73
INVENTORY AND WAREHOUSE MANAGEMENT 74
BREAKING CASES 77
SECURITY MEASURES / FORCE PROTECTION 77
QUALITY CONTROL, QUALITY ASSURANCE AND INSPECTIONS 82
PRODUCT SANITARILY APPROVED SOURCE REQUIREMENTS 82
WAREHOUSING AND SANITATION PROGRAM/STORED PRODUCT
PEST MANAGEMENT 95
DELIVERY TEMPERATURES, SHIPPING AND STORAGE REQUIREMENTS 96
REJECTION PROCEDURES 96
AUTHORIZED RETURNS 97
SHORT SHIPMENTS AND SHIPPING ERRORS 98
ARMY VETERINARY INSPECTORS AND INSPECTIONS 98
MILITARY INSPECTION AT DESTINATION 98
PACKAGING, PACKING, AND LABELING 100
PALLETIZATION 102
NON-COMPETITION 104
DELIVERY, TITLE, ORDERS, AND ORDER FILL RATES 105
CUSTOMER DELIVERIES 105
ORDERING SYSTEM – SUBSISTENCE TOTAL ORDER AND RECEIPT
ELECTRONIC SYSTEM (STORES) 106
ORDER PLACEMENT 108
ORDER CANCELLATION 109
EMERGENCY ORDERS 110
ORDER FILL OR SUBSTITUTION POLICY 110
NEW ITEMS 110
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FILL RATE/SUBSTITUTIONS/EXCEPTIONS 113
CONTRACT AUTHORITY, ADMINISTRATION, INVOICES, PAYMENTS, AND
REPORTS AND PRIME VENDOR 832 CATALOGS 119
ADMINISTRATION 120
NOTICE TO CONTRACTORS 120
CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM
(CPARS) 120
INVOICING 121
PAYMENTS 123
MANAGEMENT REPORTS 131
CATALOG ORDER GUIDE 134
PRIME VENDOR 832 CATALOGS 135
IN-PROCESS REVIEWS (IPR) 135
IN PERSONAM JURISDICTION FOR CIVIL OR CRIMINAL ACTIONS BROUGHT BY
THE UNITED STATES GOVERNMENT (DEC 2009) 135
ADDENDUM TO FAR 52.212-4 – CONTRACT TERMS AND CONDITIONS –
COMMERCIAL ITEMS 136
ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS
ADDENDUM TO FAR 52.212-2 – EVALUATION – COMMERICAL ITEMS176
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52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive
Orders -- Commercial Items (August 2019) 52.212-5
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or
Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and
Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and
Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov
2015)
(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws
108-77, 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
__X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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 contracts funded by the American Recovery and Reinvestment Act of 2009).
__X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract
Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).
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___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-
117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery
Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C.
6101 note).
__X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility
Matters (Oct 2018) (41 U.S.C. 2313).
___ (10) [Reserved]
___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011)
(15 U.S.C. 657a).
___ (ii) Alternate I (Nov 2011) of 52.219-3.
__X_ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small
Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved]
___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.
644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
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_X__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.
637(d)(2) and (3)).
_X__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Nov 2016) of 52.219-9.
___ (v) Alternate IV (Aug 2018) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
__X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-
Aside (Nov 2011) (15 U.S.C. 657f).
_X__ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15
U.S.C. 632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically
Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C.
637(m)).
___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned
Small Business Concerns Eligible Under the Women-Owned Small Business Program
(Dec 2015) (15 U.S.C. 637(m)).
_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan
2018) (E.O. 13126).
_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X__ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
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___ (ii) Alternate I (Feb 1999) of 52.222-26.
_X__ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
___ (ii) Alternate I (July 2014) of 52.222-35.
_X__ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29
U.S.C. 793).
___ (ii) Alternate I (July 2014) of 52.222-36.
__X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
__X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor
Relations Act (Dec 2010) (E.O. 13496).
__X_ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)
(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).
_X__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989).
(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (35) (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.)
___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (Jun 2016) (E.O.13693).
___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration
Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun
2014) (E.O.s 13423 and 13514
___ (ii) Alternate I (Oct 2015) of 52.223-13.
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___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014)
(E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
__X_ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42
U.S.C. 8259b).
___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products
(Oct 2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
_X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while
Driving (Aug 2011) (E.O. 13513).
___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).
___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
___ (ii) Alternate I (Jan 2017) of 52.224-3.
___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May
2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
___ (ii) Alternate I (May 2014) of 52.225-3.
___ (iii) Alternate II (May 2014) of 52.225-3.
___ (iv) Alternate III (May 2014) of 52.225-3.
___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C.
3301 note).
__X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the
Department of the Treasury).
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___ (50) 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. 2302 Note).
___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42
U.S.C. 5150).
___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area
(Nov 2007) (42 U.S.C. 5150).
___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)
(41 U.S.C. 4505), 10 U.S.C. 2307(f)).
___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.
4505, 10 U.S.C. 2307(f)).
_X__ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award
Management (Oct 2018) (31 U.S.C. 3332).
___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for
Award Management (Jul 2013) (31 U.S.C. 3332).
___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.
637(d)(13)).
_X__ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels
(Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
___ (iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)
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___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).
___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29
U.S.C. 206 and 41 U.S.C. chapter 67).
___ (4) 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).
___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards --
Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (6) 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).
___ (7) 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).
___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O.
13658).
___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.
13706).
___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May
2014) (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, 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
16 | P a g e 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 items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41
U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the
Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and
Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.
637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).
Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
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(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29
U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor
Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter
67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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 E.O.
13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor
Standards to Contracts for Maintenance, Calibration, or Repair of Certain
Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xv) 52.222-53, Exemption from Application of the Service Contract Labor
Standards to Contracts for Certain Services--Requirements (May 2014) (41
U.S.C. chapter 67)
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017)
(E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the
United States (Oct 2016) (Section 862, as amended, of the National Defense
Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
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(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.
(May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph
(e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels
(Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
52.252-2 CLAUSES INCORPORATED BY REFERENCE
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):
FAR: https://www.acquisition.gov/far/index.html;
DFARS: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html
DLAD: http://www.dla.mil/Acquisition/Documents/DLAD%20Rev%205.htm
The following additional clauses are incorporated by reference:
CLAUSE
NUMBER TITLE/ DATE
252.201-7000 Contracting Officer’s Representative DFARS (DEC 1991)
52.203-3 Gratuities FAR (APR 1984)
52.203-6 Restrictions on Subcontractor Sales to the Government FAR (SEP 2006)
52.203-6 Restrictions on Subcontractor Sales to the Government ALT 1 (SEP 2006)
52.203-13 Contractor Code of Business Ethics and Conduct FAR (OCT 2015)
252.203-7000 Requirements Relating to Compensation of Former DOD Officials DFARS (SEP 2011)
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DFARS (SEP 2013)
252.203-7003 Agency Office of the Inspector General DFARS (DEC 2012 https://www.acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.dla.mil/Acquisition/Documents/DLAD%20Rev%205.htm
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252.203-7005 Representation Relating to Compensation of Former DoD Officials DFARS (NOV 2011)
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper FAR (MAY 2011)
52.204-7 System for Award Management FAR (OCT 2018)
52.204-9 Personal Identity Verification of Contractor Personnel FAR (JAN 2011)
52.204-13 System for Award Management Maintenance FAR (OCT 2018)
52.204-16 Commercial and Government Entity Code Reporting FAR (JUL 2016)
52.204-18 Commercial and Government Entity Code Maintenance FAR (JUL 2016)
52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)
52.204-20 Predecessor of Offeror (July 2016)
52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)
52.204-22 Alternative Line Item Proposal (Jan 2017)
252.204-7003 Control of Government Personnel Work Product DFARS (APR 1992)
252.204-7004 Alternate A, System for Award Management DFARS (FEB 2019)
252.204-7012
Safeguarding Covered Defense Information and Cyber Incident Reporting DFARS (OCT
2016)
252.205-7000 Provision of Information to Cooperative Agreement Holders DFARS (DEC 1991)
52.208-9 Contractor Use of Mandatory Sources of Supply or Services FAR ()(MAY 2014)
52.209-7 Information Regarding Responsibility Matters FAR (OCT 2018)
52.209-9
Updates of Publicly Available Information Regarding Responsibility Matters FAR (OCT
2018)
52.209-11
Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016)
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country
That is a State Sponsor of Terrorism DFARS (May 2019)
52.211-17 Delivery of Excess Quantities FAR (SEPT 1989)
252.211-7006 Passive Radio Frequency Identification DFARS (MAR 2018)
252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012)
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52.215-9003 Use of Past Performance Information Retrieval System – Statistical Reporting (PPIRS-SR)
Information in Past Performance Evaluation DLAD
52.216-18 Ordering (Oct 1995)
52.216-22 Indefinite Quantity FAR (OCT 1995)
52.217-9017 Tailored Logistics Support Purchasing Reviews DLAD (NOV 2011)
52.219-8 Utilization of Small Business Concerns FAR (NOV 2016)
52.222-26 Equal Opportunity FAR (SEP 2016)
252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DFAR (Dec 2010)
52.225-13 Restriction on Certain Foreign Purchases FAR (JUN 2008)
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions
Relating to Iran—Representation and Certification FAR (AUG 2018)
252.225-7001 Buy American and Balance of Payments Program DFARS (DEC 2017)
252.225-7002 Qualifying Country Sources as Subcontractors DFARS (DEC 2017)
252.225-7012 Preference for Certain Domestic Commodities DFARS (DEC 2017)
252.225-7021 Trade Agreements—Basic DFARS (AUG 2019)
252.225-7048 Export-Controlled Items DFARS (JUN 2013)
52.227-1 Authorization and Consent (Dec 2007)
52.228-3 Workers’ Compensation Insurance (Defense Base Act) FAR (JUL 2014)
52.228-5 Insurance -- Work on a Government Installation FAR (JAN 1997)
52.229-3 Federal, State, and Local Taxes (FEB 2013)
52.232-11 Extras (APR 1984)
52.232-33 Payment by Electronic Funds Transfer-- System for Award Management FAR (OCT 2018)
52.232-37 Multiple Payment Arrangements FAR (MAY 1999)
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DFARS (DEC 2018)
252.232-7010 Levies on Contract Payments DFARS (DEC 2006)
52.233-2 Service of Protest FAR (SEP 2006)
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252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel DFARS (JUN 2013)
252.237-7019 Training for Contractor Personnel Interacting with Detainees DFARS (JUN 2013)
52.242-13 Bankruptcy FAR (JUL 1995)
52.242-15 Stop-Work Order FAR (AUG 1989)
252.243-7001 Pricing of Contract Modifications DFARS (DEC 1991)
52.245-1 Government Property FAR (JAN 2017)
252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military DFARS (OCT 2010)
52.247-34 F.o.b. Destination FAR (NOV 1991)
52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels FAR (FEB 2006)
252.247-7023 Transportation of Supplies by Sea DFARS (FEB 2019)
52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984)
52.251-1 Government Supply Sources FAR (APR 2012)
252.251-7000 Ordering From Government Supply Sources DFARS (AUG 2012)
52.252-6 Authorized Deviations in Provisions (Apr 1984)
52.253-1 Computer Generated Forms FAR (JAN 1991)
52.245-9 Use and Changes (APR 2012)
252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property (APR 2012)
252.245-7002 Reporting Loss of Government Property (DEC 2017)
252.245-7003 Contractor Property Management System Administration (APR 2012)
252.245-7004 Reporting, Reutilization, and Disposal (DEC 2017)
The following additional clauses are set forth in full text:
52.212-3 Offeror Representations and Certifications -- Commercial Items (OCT 2018)
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
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(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 (u)) of this provision.
(a) Definitions. As used in this provision--
“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—
(6) 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
(7) 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;
https://www.sam.gov/
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(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.
“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.
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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” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
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(ii) Each individual claiming economic disadvantage has a net worth not exceeding
$750,000 after taking into account the applicable exclusions set forth at 13 CFR
124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at
13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38
U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women;
and
(2) Whose management and daily business operations are controlled by one or more women.
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“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)
(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the
Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and
Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents http://www.sam.gov/
27 | P a g e that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR
124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—
(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB
Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern.
[Complete only if the offeror represented itself as a WOSB concern eligible under the
WOSB Program in (c)(6) of this provision.] The offeror represents that—
(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the
EDWOSB representation.
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(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the
HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.]
Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Representations required to implement provisions of Executive Order 11246 --
(1) Previous contracts and compliance. The offeror represents that --
(i) It [_] has, [_] has not, participated in a previous contract…
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