Standard Form (SF) 1449 Solicitation 12639524Q0201 June 2024 Final.pdf

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Attached to
Conveyance System Maintenance and Parts for USDA, AMS, Cotton & Tobacco Program
Solicitation number
12639524Q0201
Issued by

About this file

This document is a Request for Quotations (RFQ) to establish a single-award, five-year Indefinite-Delivery, Indefinite-Quantity (IDIQ) contract for the Department of Agriculture Animal and Plant Health Inspection Service Marketing and Regulatory Programs Business Services (USDA APHIS MRP-BS). The contract is for Standard Services (Preventative Maintenance (PM) Services), Additional Services (As-Needed Maintenance Services), and Parts for conveyance systems at Cotton Classing Facilities in multiple locations.

The RFQ is issued as full and open competition under NAICS code 238290 - Other Building Equipment Contractors, with a $22.0 Million size standard. Standard Services will serve as the firm fixed-price minimum guarantee, with the Contractor required to perform PM Services semi-annually. Additional Services and Parts orders will be placed under the Indefinite Quantity clauses. Vendors must submit a technical proposal, pricing using the provided template, and other required documents by July 8, 2024. Award will be made to the responsible vendor whose quotation provides the best value, with technical factors more important than price. Key evaluation factors include the proposed Performance Work Statement, Key Personnel, Experience, Past Performance, and Subcontracting Plan (if applicable).

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SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

APHIS-MN-126395

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

USDA APHIS

AMS-CN-GB-47AS CODE 16. ADMINISTERED BYCODE

X

X

811310

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORAPHIS-MN-126395

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

07/08/2024 1200 CT

06/14/2024

479-301-8811MATTHEW PHILLIPS

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12639524Q0201

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 80 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

MEMPHIS TN 38133-2701

3275 APPLING ROAD, ROOM 1

GRADING BRANCH

15. DELIVER TO

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$12.5

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

USDA APHIS

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

DUNS Number: Not Available Period of Performance: 08/01/2024 to 07/31/2025

0001 Base Period Standard Services (Preventative Maintenance (PM) Services): Standard Services consist of Preventative Maintenance (PM) Services and will serve as the minimum guarantee for this contract. The Contractor must perform PM Services during the pre-season for each Cotton Classing Facility included in this Contract.

Product/Service Code: J049

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

LEAH H. SCHULTZ

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

Delivery: 07/31/2025

0002 Base Period Standard Services (Preventative

Maintenance (PM) Services): Standard Services consist of Preventative Maintenance (PM) Services and will serve as the minimum guarantee for this contract. The Contractor must perform PM Services during the post-season for each Cotton Classing

Facility included in this Contract.

Product/Service Code: J049

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

Delivery: 07/31/2025

0003 Base Period Additional Services (As-Needed 1 EA

Maintenance Services) Labor Positions and Fully

Burdened Labor Rates: The Contractor must utilize established fully burdened labor rates for the positions that apply to the Additional Service. A fully burdened labor rate (price per hour) is defined as a price that includes wages, overhead, general and administrative expenses, and profit.

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

80 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 80

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12639524Q0201

(Not Separately Priced)

Product/Service Code: J049

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

Delivery: 07/31/2025

0004 Base Period Additional Services Mark-Up 1 EA

Coefficient: The Additional Services Mark-Up

Coefficient rate is fixed and applies only to

Additional Services orders that include any portion of the work to be subcontracted.

The Additional Services Mark-Up Coefficient is:

(Not Separately Priced)

Product/Service Code: J049

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

Delivery: 07/31/2025

0005 Base Period Parts Mark-Up Coefficient: Parts 1 EA

Mark-Up Coefficient applies to quotations for parts or that include parts only.

The Parts Mark-Up Coefficient is: %

(Not Separately Priced)

Product/Service Code: J049

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

Delivery: 07/31/2025

1001 Option Period I Standard Services (Preventative

Maintenance (PM) Services): Standard Services consist of Preventative Maintenance (PM) Services and will serve as the minimum guarantee for this contract. The Contractor must perform PM Services during the pre-season for each Cotton Classing

Facility included in this Contract.

(Option Line Item)

07/01/2025

Product/Service Code: J049

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

4 80

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12639524Q0201

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

Delivery: 07/31/2026

Period of Performance: 08/01/2025 to 07/31/2026

1002 Option Period I Standard Services (Preventative

Maintenance (PM) Services): Standard Services consist of Preventative Maintenance (PM) Services and will serve as the minimum guarantee for this contract. The Contractor must perform PM Services during the post-season for each Cotton Classing

Facility included in this Contract.

(Option Line Item)

07/01/2025

Product/Service Code: J049

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

Delivery: 07/31/2026

Period of Performance: 08/01/2025 to 07/31/2026

1003 Option Period I Additional Services (As-Needed 1 EA

Maintenance Services) Labor Positions and Fully

Burdened Labor Rates: The Contractor must utilize established fully burdened labor rates for the positions that apply to the Additional Service. A fully burdened labor rate (price per hour) is defined as a price that includes wages, overhead, general and administrative expenses, and profit.

(Option Line Item)

07/01/2025

(Not Separately Priced)

Product/Service Code: J049

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

Delivery: 07/31/2026

Period of Performance: 08/01/2025 to 07/31/2026

1004 Option Period I Additional Services Mark-Up 1 EA

Coefficient: The Additional Services Mark-Up

Coefficient rate is fixed and applies only to

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

5 80

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12639524Q0201

Additional Services orders that include any portion of the work to be subcontracted.

The Additional Services Mark-Up Coefficient is:

(Option Line Item)

07/01/2025

(Not Separately Priced)

Product/Service Code: J049

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

Delivery: 07/31/2026

Period of Performance: 08/01/2025 to 07/31/2026

1005 Option Period I Parts Mark-Up Coefficient: Parts 1 EA

Mark-Up Coefficient applies to quotations for parts or that include parts only.

The Parts Mark-Up Coefficient is: %

(Option Line Item)

07/01/2025

(Not Separately Priced)

Product/Service Code: J049

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

Delivery: 07/31/2026

Period of Performance: 08/01/2025 to 07/31/2026

2001 Option Period II Standard Services (Preventative

Maintenance (PM) Services): Standard Services consist of Preventative Maintenance (PM) Services and will serve as the minimum guarantee for this contract. The Contractor must perform PM Services during the pre-season for each Cotton Classing

Facility included in this Contract.

(Option Line Item)

07/01/2026

Product/Service Code: J049

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

Delivery: 07/31/2027

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

6 80

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12639524Q0201

Period of Performance: 08/01/2025 to 07/31/2026

2002 Option Period II Standard Services (Preventative

Maintenance (PM) Services): Standard Services consist of Preventative Maintenance (PM) Services and will serve as the minimum guarantee for this contract. The Contractor must perform PM Services during the post-season for each Cotton Classing

Facility included in this Contract.

(Option Line Item)

07/01/2026

Product/Service Code: J049

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

Delivery: 07/31/2027

Period of Performance: 08/01/2026 to 07/31/2027

2003 Option Period II Additional Services (As-Needed 1 EA

Maintenance Services) Labor Positions and Fully

Burdened Labor Rates: The Contractor must utilize established fully burdened labor rates for the positions that apply to the Additional Service. A fully burdened labor rate (price per hour) is defined as a price that includes wages, overhead, general and administrative expenses, and profit.

(Option Line Item)

07/01/2026

(Not Separately Priced)

Product/Service Code: J049

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

Delivery: 07/31/2027

Period of Performance: 08/01/2026 to 07/31/2027

2004 Option Period II Additional Services Mark-Up 1 EA

Coefficient: The Additional Services Mark-Up

Coefficient rate is fixed and applies only to

Additional Services orders that include any portion of the work to be subcontracted.

The Additional Services Mark-Up Coefficient is:

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

7 80

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12639524Q0201

(Option Line Item)

07/01/2026

(Not Separately Priced)

Product/Service Code: J049

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

Delivery: 07/31/2027

Period of Performance: 08/01/2026 to 07/31/2027

2005 Option Period II Parts Mark-Up Coefficient: Parts 1 EA

Mark-Up Coefficient applies to quotations for parts or that include parts only.

The Parts Mark-Up Coefficient is: %

(Option Line Item)

07/01/2026

(Not Separately Priced)

Product/Service Code: J049

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

Delivery: 07/31/2027

Period of Performance: 08/01/2026 to 07/31/2027

3001 Option Period III Standard Services (Preventative

Maintenance (PM) Services): Standard Services consist of Preventative Maintenance (PM) Services and will serve as the minimum guarantee for this contract. The Contractor must perform PM Services during the pre-season for each Cotton Classing

Facility included in this Contract.

(Option Line Item)

07/01/2027

Product/Service Code: J049

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

Delivery: 07/31/2028

Period of Performance: 08/01/2027 to 07/31/2028

3002 Option Period III Standard Services (Preventative

Maintenance (PM) Services): Standard Services consist of Preventative Maintenance (PM) Services

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

8 80

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12639524Q0201 and will serve as the minimum guarantee for this contract. The Contractor must perform PM Services during the post-season for each Cotton Classing

Facility included in this Contract.

(Option Line Item)

07/01/2027

Product/Service Code: J049

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

Delivery: 07/31/2028

Period of Performance: 08/01/2027 to 07/31/2028

3003 Option Period III Additional Services (As-Needed 1 EA

Maintenance Services) Labor Positions and Fully

Burdened Labor Rates: The Contractor must utilize established fully burdened labor rates for the positions that apply to the Additional Service. A fully burdened labor rate (price per hour) is defined as a price that includes wages, overhead, general and administrative expenses, and profit.

(Option Line Item)

07/01/2027

(Not Separately Priced)

Product/Service Code: J049

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

Delivery: 07/31/2028

Period of Performance: 08/01/2027 to 07/31/2028

3004 Option Period III Additional Services Mark-Up 1 EA

Coefficient: The Additional Services Mark-Up

Coefficient rate is fixed and applies only to

Additional Services orders that include any portion of the work to be subcontracted.

The Additional Services Mark-Up Coefficient is:

(Option Line Item)

07/01/2027

(Not Separately Priced)

Product/Service Code: J049

Product/Service Description: MAINT/REPAIR/REBUILD

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

9 80

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12639524Q0201

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

Delivery: 07/31/2028

Period of Performance: 08/01/2027 to 07/31/2028

3005 Option Period III Parts Mark-Up Coefficient: 1 EA

Parts Mark-Up Coefficient applies to quotations for parts or that include parts only.

The Parts Mark-Up Coefficient is: %

(Option Line Item)

07/01/2027

(Not Separately Priced)

Product/Service Code: J049

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

Delivery: 07/31/2028

Period of Performance: 08/01/2027 to 07/31/2028

4001 Option Period IV Standard Services (Preventative

Maintenance (PM) Services): Standard Services consist of Preventative Maintenance (PM) Services and will serve as the minimum guarantee for this contract. The Contractor must perform PM Services during the pre-season for each Cotton Classing

Facility included in this Contract.

(Option Line Item)

07/01/2028

Product/Service Code: J049

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

Delivery: 07/31/2029

Period of Performance: 08/01/2028 to 07/31/2029

4002 Option Period IV Standard Services (Preventative

Maintenance (PM) Services): Standard Services consist of Preventative Maintenance (PM) Services and will serve as the minimum guarantee for this contract. The Contractor must perform PM Services during the post-season for each Cotton Classing

Facility included in this Contract.

(Option Line Item)

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

10 80

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12639524Q0201

07/01/2028

Product/Service Code: J049

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

Delivery: 07/31/2029

Period of Performance: 08/01/2028 to 07/31/2029

4003 Option Period IV Additional Services (As-Needed 1 EA

Maintenance Services) Labor Positions and Fully

Burdened Labor Rates: The Contractor must utilize established fully burdened labor rates for the positions that apply to the Additional Service. A fully burdened labor rate (price per hour) is defined as a price that includes wages, overhead, general and administrative expenses, and profit.

(Option Line Item)

07/01/2028

(Not Separately Priced)

Product/Service Code: J049

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

Delivery: 07/31/2029

Period of Performance: 08/01/2028 to 07/31/2029

4004 Option Period IV Additional Services Mark-Up 1 EA

Coefficient: The Additional Services Mark-Up

Coefficient rate is fixed and applies only to

Additional Services orders that include any portion of the work to be subcontracted.

The Additional Services Mark-Up Coefficient is:

(Option Line Item)

07/01/2028

(Not Separately Priced)

Product/Service Code: J049

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

Delivery: 07/31/2029

Period of Performance: 08/01/2028 to 07/31/2029

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

11 80

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12639524Q0201

4005 Option Period IV Parts Mark-Up Coefficient: Parts 1 EA

Mark-Up Coefficient applies to quotations for parts or that include parts only.

The Parts Mark-Up Coefficient is: %

(Option Line Item)

07/01/2028

(Not Separately Priced)

Product/Service Code: J049

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

Delivery: 07/31/2029

Period of Performance: 08/01/2028 to 07/31/2029

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Standard Form (SF) 1449 Continuation Sheet

THE FOLLOWING TERMS AND CONDITIONS AND CLAUSES WILL BE

INCORPORATED WITHIN THE CONTRACT:

A. Standard Services: Standard Services consist of Preventative Maintenance (PM) Services and will serve as the minimum guarantee for this contract. PM Services must be firm fixed-priced and will be established for the Base Year and four (4) one-year Option Periods at the time of contract award. The Contractor will be required to perform PM Services semi-annually (two times per contract year) beginning in the Base Period and continuing for each Option Period exercised by

USDA.

1. PM Services: The Contractor must provide routinely scheduled PM Services once prior to the Normal Working Months, and once after the Normal Working Months for each Cotton Classing Facility, a total of two times per year during the Off-Season Months for each Cotton Classing Facility for the entire contract period.

After each instance of performance of PM Services, the Contractor must provide the USDA Technical Point-of-Contact the following two (2) deliverables:

• Recommended Parts List - A list that includes recommended compatible parts for the USDA to purchase and stock for each conveyance system. The list must include the make and model number (when applicable) for each part.

• The Contractor must provide a Preventative Maintenance Report in sufficient detail to describe the PM Services rendered for each instance, at each Cotton Classing Facility.

B. Additional Services Indefinite Quantity Provisions (As-Needed Maintenance Services and Parts Ordering): USDA may order Additional Services within the general scope of the Contract or parts at its discretion at any time throughout the period of performance. Additional Services consist of As-Needed Maintenance Services.

1. As-Needed Maintenance Services: When ordered by USDA, the Contractor will be required to provide Additional Services for all conveyance systems within the Cotton Classing Facilities included within the scope of this Contract that arise during the Normal Working Months and Normal Off-Season Months at each of the facilities.

Additional Services include any services related to operations, maintenance and repairs, alterations, systems upgrades, within the scope of the Contract but, not covered within Standard Services (PM Services).

It is critical to minimize any disruption of operations at the Cotton Classing Facilities.

When Additional Services are required, the Contractor will be notified by the USDA Technical Point-of-Contact at the applicable Cotton Classing Facility. During the Normal Working Months for each Cotton Classing Facility, Additional Services will be considered urgent, and the Contractor will be required to respond to Additional Services requests within two (2) hours of notification if the repair may be accomplished remotely, and eight (8) hours if the repair requires performance on-site. During Normal Working Months, due to the urgent nature of the services, the Contractor must provide a quotation within three (3) business days after Additional Services are provided for each Cotton Classing Facility.

During the Normal Off-Season Months for each Cotton Classing Facility, Additional Services are not urgent in nature and do not require the urgent response times identified during the Normal Working Months. During the Normal Off-Season Months, the Contractor must respond to requests for As-Needed Maintenance by providing a quotation within five (5) business days and must complete each repair, either remotely or on-site (as appropriate for each instance) within the timeframe mutually agreed-to. The Contractor must attempt to complete work as promptly as feasible, but no later than the date agreed upon.

Additional Services quotations must include a brief description of the technical approach to completing the service, and the quotation must also include detailed pricing on a firm fixed-price basis. The Contractor must utilize established fully burdened labor rates (as established in this contract) for the positions that apply to the Additional Service during the base period or option period, if exercised, that the service is rendered. At a minimum, the price quoted to complete the Additional Service must include parts and materials (if applicable), labor and subcontracting costs as described below. A fully burdened labor rate (price per hour) is defined as a price that includes wages, overhead, general and administrative expenses, and profit.

The Contractor must identify the price of any new, additional subcontractor labor necessary to complete any instance of Additional Services and the Contractor’s methodology to determine that the level of effort and price of labor is reasonable, e.g., competitive quotes for the subcontracted work, justification of only one source, and any other additional information to assist the Government in determining the reasonableness of the proposed subcontract(s). The Contractor must compete subcontractor opportunities for the work to the maximum extent practicable. If work is to be subcontracted, the subcontracted portion of the work must be clearly identified within the Contractor’s Additional Services quotation that is submitted to USDA. The quotation must include the subcontractor’s labor hours, hourly rate, a parts and materials listing with associated costs, and overhead and profit. Additionally, the Vendor must quote an Additional Services Mark-Up Coefficient to apply to quotations that subcontract any portion of the Additional Services required. The Additional Services Mark-Up Coefficient rate is fixed and applies only to Additional Services orders that include any portion of the work to be subcontracted. The Additional Services Mark-Up Coefficient includes all General and Administrative (G&A) fees, and profit. No additional markup coefficient is allowable under this contract. If the entirety of the Additional Services requirement is to be accomplished in-house (by the Prime Contractor), and none of the Additional Services are to be subcontracted, the Additional Services Mark-Up Coefficient must not be applied to the Additional Services quotation. The Additional Services Mark-Up Coefficient must not exceed 10%. The subcontracted part of the work is to be quoted at actual cost to the Contractor, marked up by the Additional Services Mark-Up Coefficient accepted for award.

If parts or materials are required for an Additional Service, USDA may provide the parts or materials, or the Contractor may be asked to provide the parts and materials. Parts and materials must be priced at estimated actual cost marked up by the Parts Mark-Up Coefficient accepted for award. Receipts for any parts or materials may be requested at any time by USDA.

Contract payment will be withheld if notification is given of non-payment to a subcontractor who completed work under this contract.

Notes:

• During Normal Off-Season Months, because Additional Services are not considered urgent as they are during the Normal Working Months for each Cotton Classing Facility, the Contractor must provide a quotation and receive USDA approval to provide services prior to commencing with Additional Services.

• If the USDA elects to order Additional Services, for orders greater than $2,500.00, USDA will issue an order against the base IDIQ contract. If parts are ordered and the total of the order is $2,500.00 or less Additional Services valued at greater than $2,500.00 are subject to the Wage Rate Requirements (Service Contract Act) in accordance with FAR subpart 22.10 and other specific regulatory supplements. Applicable regulatory requirements must be identified by the CO and included in the Additional Services Task Order. The Service Contract Act Wage Determination incorporated within the base Contract must apply to any Task Orders issued. When Additional Services are ordered and the total of the order is $2,500.00 or less, the order may be paid via Government Purchase Card (GPC) (credit card). The Vendor must have and maintain the ability to accept major credit cards.

2. Parts Ordering: At the request of USDA, the Contractor must provide a quotation for parts requested by USDA to purchase and stock for each conveyance system. The quotation must include the make and model number (when applicable) for each part, as well as specific unit pricing for parts and recommended quantities. Additionally, the quotation must include supporting documentation that the price for parts quoted was developed from the Contractor seeking quotes from a minimum of two suppliers to obtain a fair and reasonable price. The Vendor must quote a Parts Mark-Up Coefficient to apply to quotations for parts only. The Parts Mark-Up Coefficient includes all material handling fees, including General and Administrative (G&A) fees, and profit. No additional markup coefficient is allowable under this contract. The Parts Mark-Up Coefficient rate is fixed and applies only to parts. The Parts Mark-Up Coefficient must not exceed 10%. The Vendor may apply the Parts Mark-Up Coefficient accepted at the time of contract award for any order that contains parts (Additional Services orders that include Contractor-provided parts and Parts only orders).

If the USDA elects to purchase the parts through the Contractor, for orders greater than $2,500.00, the purchase will be made via issuance of an order by the USDA Contracting Officer against the base IDIQ contract. If parts are ordered and the total of the order is $2,500.00 or less, the order may be paid via Government Purchase Card (GPC) (credit card). The Vendor must have and maintain the ability to accept major credit cards.

C. Key Personnel, Operating Constraints & Other Considerations:

1. Key Personnel Qualifications and Submission of Resumes for New Employees Assigned as Key Personnel: The Contractor must submit resumes for all new employees proposed as “key personnel” to the USDA Technical Point of Contact before they begin work during the entirety of the contract period of performance (base and all option periods). The USDA Technical Point of Contact may deny permission to allow new personnel to provide services under this contract if qualifications indicate a material degradation from the skill levels indicated in the Contractor’s quotation that was accepted by USDA for contract award, or if skills or reliability concerns are such that the USDA Technical Point of Contact believes the protection of building equipment may be jeopardized.

2. Minimum Qualifications of Key Personnel: The intent of this paragraph is to be for informational purposes only and is not to be considered prescribed positions by the Government. However, the Contractor must adhere to the below minimum qualifications when the positions are utilized and proposed in the Performance Work Statement. Resumes for Key Personnel must be submitted with the contractor’s quotation.

a. Programmable Logic Controllers (PLC) Programmer: The PLC Programmer is a highly skilled IT professional who designs, maintains, and troubleshoots machines and plants that use programmable logic controllers. Programmable logic controllers (PLC) are small computers that are connected to a machine and are programmed to control the machine's functions. A PLC programmer helps develop and program PLCs to fit the application.

The Contractor’s PLC Programmer(s) must possess at least five (5) years of recent (within the past seven years) experience in the design, maintenance, and troubleshooting of complex machines, automation systems, and plants that use programmable logic controllers. A detailed resume must be submitted to the USDA Point of Contact for approval prior to the assignment of any PLC Programmer to the Contract. Both new and replacement PLC Programmers must meet these qualification standards. Minimally, the resume must contain:

a. The full name of the proposed PLC Programmer(s).

b. A detailed description of the proposed PLC Programmer(s) employment history for the previous seven (7) years. The names and addresses of the companies for whom the proposed project manager worked for the past seven

(7) years, along with the names and telephone numbers of the immediate supervisors. The resume must contain sufficient information for the USDA to be able to determine that the proposed PLC Programmer possesses the required relevant experience.

b. Contract Project Manager: The Contractor must designate a Contract Project Manager in writing and provide the name and contact information to the USDA Contracting Officer and USDA Technical Points of Contact. The Contract Project Manager is considered essential to the work being performed under this Contract.

The Contract Project Manager must possess at least five (5) years of recent (within the past seven years) experience in the management and supervision of maintaining and troubleshooting complex conveyance & automation systems. A detailed resume must be submitted to the USDA Contracting Officer and USDA Technical Point of Contact for approval prior to the assignment of the Project Manager to the Contract. Both new and replacement Project Managers must meet these qualification standards. Minimally, the resume must contain:

a. The full name of the proposed project manager.

b. A detailed description of the proposed project manager’s employment history for the previous seven years. The names and addresses of the companies for whom the proposed project manager worked for the past seven years, along with the names and telephone numbers of the immediate supervisors. The resume must contain sufficient information for the USDA to be able to determine that the proposed Project Manager possesses the required relevant experience.

Any request for substitution of Key Personnel after contract award must include a detailed explanation of the circumstances necessitating the proposed substitution, a resume for the proposed substitute, and any other information requested by the Contracting Officer. Any proposed substitute must have qualifications equal to or superior to the qualifications of the incumbent. The USDA Technical Point of Contact will evaluate such requests and promptly notify the Contractor of their approval or disapproval thereof.

If any of the identified Key Personnel cease to perform under the contract and the substitute is disapproved, the contract may be immediately terminated in accordance with the termination clause of the contract.

The Contractor will provide to the Contracting Officer the names, titles, e-mail addresses, and phone numbers of key personnel at time of award.

3. Employee Training: The Contractor must maintain a training program to ensure employees working under this Contract have the experience, knowledge, skills and abilities to perform the work required by this Contract.

4. Appearance: Contractor personnel must present a neat appearance and be easily recognized. This must be accomplished by wearing uniforms bearing the name of the company and employee name. Uniforms must be regularly laundered, consistent among personnel classifications, and maintained presentable to tenant personnel during all working hours.

5. Personnel Security Requirements: Contractors must comply with the personal identity verification (PIV) policies and procedures established by the AGAR Advisory No. 81, Revision 03 dated July 19, 2010 – Common Identification Standard for Contractors.

https://www.dm.usda.gov/procurement/policy/advisories.htm

In addition, procedures to be followed by Contractors and Contractor employees are specified in the Departmental Regulation and Departmental Manual (DM) 4620-002.

Copies can be downloaded from the website at http://hspd12.usda.gov

In accordance with the USDA policy and directives, a Background Investigation of the personnel working under this contract is required prior to commencing services as well as maintaining it throughout the duration of the contract. The Contractor must, through their own internal background investigation protocol and pre-employment investigation, ensure that each contractor employee submitted for a federal background investigation is reasonably expected to receive a favorable adjudication of their respective investigation.

The USDA will pay for the required federal background investigation. The government must have and exercise full and complete control over granting, denying, withholding, or termination the background investigation clearance for employees.

All Contractor personnel that will have access to the USDA facility will be required to have, a Tier 1, Low Risk – Non-Sensitive background investigation with no less than favorably adjudicated results. Once approved and working at the facility, the Contractor personnel must not be removed or diverted from the site without prior notification to the Contracting Officer.

The Contractor must not employ persons for work on this contract if such employee is considered by the USDA to be a potential threat to health, safety, general well-being or operational mission of USDA and its employees and property. If the USDA finds a prospective employee to be unsuitable for his or her assigned duties, the contractor will be advised immediately that such employee cannot continue to work or be assigned to work under the contract.

The USDA Technical Point of Contact or other agency designated point of contact will assist the contractor, where practical, with the background investigation process and the associated paperwork.

The Contractor must provide to the USDA Personal Identity Verification Sponsor and the Personnel Security Specialist the information required to initiate the background investigation, including information on previous Office of Personnel Management background investigations or clearances conducted by the contractor. The Contractor must ensure that prime and subcontractor employees requiring background https://www.dm.usda.gov/procurement/policy/advisories.htm http://hspd12.usda.gov/ investigations complete and submit the proper paperwork and forms. You can obtain further guidance from the Personnel Security Specialist who oversees the investigation process for contractors:

USDA, APHIS, MRP-BS, HRD, HRO

Personnel Security Section Attn: Tenzing Choekyi, Personnel Security Specialist (AMS Contractors), (612) 336- 3486, Tenzing.Choekyi@usda.gov Attn: Kelly Ashford, Personnel Security Assistant (AMS Contractors), (612) 336-3351, Kelly.Ashford@usda.gov 250 Marquette Ave STE 410 Minneapolis, MN 55401-2329

For further information and reference on the USDA personnel security requirements please see the document entitled AGAR Advisory 81 entitled “Common Identification Standard for Contractors” at https://www.dm.usda.gov/procurement/policy/docs/Proc%20Adv%20081%20C.pdf

6. Credentials and Identification: Contractor personnel with credentials must be required to comply with all access security screening procedures applicable to Government or other personnel possessing similar credentials, or as determined by the building practices as defined by the Facility Security Committee. All Contractor personnel possessing credentials (PIV or otherwise) must visibly display their credentials at all times while in the building(s) where work is being performed.

The Contractor must be responsible for ensuring that all identification credentials are returned to the COR whenever its employees leave the Contract (i.e., when the Contract has been completed, employees leave the company, employees are dismissed or terminated, or the Government determines that the employee is to be removed from the contract). Whenever employee badges are lost the contractor must immediately file a “lost PIV” incident report with the Department of Homeland Security (DHS), Federal Protective Service (FPS) and provide a copy of the incident report (including incident number) to the COR. The Contractor must be responsible for paying the Government for replacement credentials at the current cost per badge.

The Government will withhold final payment until such time as all employee badges (PIV or otherwise) have been collected and returned to the COR. Any badges not returned as an employee departs, or at contract conclusion must be accompanied by a DHS FPS incident report for each badge and a fee of $100 per badge not returned must be deducted from the contract payment amount.

7. Escorting: Temporary contract employees who do not have favorable preliminary or final suitability determinations and need to work in non-public federally controlled space must be escorted. In those cases, the Contractor must comply with the security clearance procedures for Escort Only Contractors. All uncleared contract employees must be escorted in non-public space by a Government employee or another responsible cleared contract employee who is approved by the USDA Technical Point of

Contact.

Government employees or approved cleared contract employees who provide escorts for uncleared contract employees must always be within eyesight of the uncleared contract employees. The Contract Government escort must watch uncleared employees and remain with uncleared contract employees for the entire time they are in non-public federally controlled space. Any security violation of escort requirements by a cleared and approved contract employee must result in the immediate removal from the Contract of all contract employees involved, i.e., escorts and uncleared escorted contract employees. Also, violations of escort requirements by subcontract employees in accordance with security requirements must be grounds for loss of facility access for those individuals or grounds for termination of Contract, or both.

The following Federal Acquisition Regulation (FAR) clauses are hereby incorporated by reference and will be incorporated within the contract award:

FAR 52.252-2 Clauses Incorporated by Reference. (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far.

Clause Title Date

FAR 52.202-1 Definitions Jun 2020

FAR 52.204-13 System for Award Management Maintenance Oct 2018

FAR 52.204-18 Commercial and Government Entity Code Maintenance

Aug 2020

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems

Nov 2021

FAR 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services

Nov 2023

FAR 52.232-23 Assignment of Claims May 2014

FAR 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

FAR 52.233-2 Service of Protest Sep 2006

FAR 52.242-13 Bankruptcy Jul 1995

FAR 52.242-15 Stop-Work Order Aug 1989

FAR 52.253-1 Computer Generated Forms Jan 1991

The following FAR/ Agriculture Acquisition Regulation (AGAR) clauses are hereby incorporated by full text and will be incorporated within the contract award:

FAR 52.204-28 Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts (Dec 2023)

(a) Definitions. As used in this clause— http://www.acquisition.gov/far

Covered article as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order, means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

https://www.govinfo.gov/link/uscode/41/4713 https://www.govinfo.gov/link/uscode/40/11101 https://www.govinfo.gov/link/uscode/47/153 https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(e) https://www.govinfo.gov/link/uscode/50/3003

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at https://www.govinfo.gov/link/uscode/44/3552 any tier.

(b) Notice. During contract performance, the Contractor shall be required to comply with any of the following that apply: DHS FASCSA orders, DoD FASCSA orders, or DNI FASCSA orders. The applicable FASCSA order(s) will be identified in the request for quotation (see 8.405-2), or in the notice of intent to place an order (see 16.505(b)).

FASCSA orders will be identified in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition, with its Alternate II.

(c) Removal. Upon notification from the contracting officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any covered article or any product or service produced or provided by a source that is subject to an applicable Governmentwide FASCSA order (see FAR 4.2303(b)).

(End of clause)

FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders-Prohibition.

(Dec 2023)

(a) Definitions. As used in this clause—

Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

https://www.acquisition.gov/far/8.405-2#FAR_8_405_2 https://www.acquisition.gov/far/16.505#FAR_16_505 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/4.2303#FAR_4_2303 https://www.govinfo.gov/link/uscode/41/4713 https://www.govinfo.gov/link/uscode/40/11101 https://www.govinfo.gov/link/uscode/47/153 https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(e)

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of…

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