SUBSISTENCE SOLICITATION.pdf

RFQP021 62300031 Page 1 of 29

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 AND 30. 29

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE 14. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE DATE

RFQP021 62J 0003 I 08/ 14/2023

7. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (No col/eel calls) 8. OFFER DUE DATE I LOCAL

TIME

INFORMATION CALL: HEIDI BOURNE HBOURNE(a) BOP.GOV 330-420-64-C, 08/29/2023 I 0:00 ET

9. ISSUED BY CODE I 15B216 10. THE ACQU ISITION IS □ UNRESTR ICTED OR 0 SET AS IDE: I 00 .00 % FOR

Federal Bureau of Prisons

0 NORTH AMERICAN SMALL BUSINESS

WOMEN-OWNED SMALL

FCI Elkton BUSINESS (WOSB) INDUSTRY CLASSIFICATION

8730 Scroggs Road □

HUBZONE SMALL STANDARD (NAICS):

BUSINESS

ECONQr.' tCALLY DISADVANTAGED 31 1999 Li sbon, OH 44432

SERVICE-DISABLED WOMEN- OWNE D SMALL BUSINESS

VETERAN-OWNED

(EDWOS B1 SIZE STANDARD:

SMALL BUSINESS □ 8(A) 500 Emriloy:ees

(SDVDSB)

11 . DELIVERY FOR FREE ON BOARD 12. DISCOUNT TERMS t 3b. RATING

(FOB) DESTINATION UNLESS 13a. THIS CONTRACT IS A

BLOCK IS MARKED

RATED ORDER UNDER THE 14. METHOD OF SOLICITATION

ET 30 DEFENSE PRIORITIES AND REQUEST

ALLOCATIONS SYSTEM·

[R] REQUEST □ INVITATION

□ SEE SCHEDULE FOR QUOTE FOR BID □ FOR

DPAS (15 CFR 700) (RFQ) (IFB )

PROPOSAL

(RFP)

15. DELIVER TO CODE I I5B216 16. ADMINISTERED BY CODE I

Federal Bureau of Prisons

TOM l:lOTKIN FCI Elkton

873 0 Scroggs Road ELK-Wa rchousc-S(!l' bop.gov

Lisbon, OH ~4432

17a. CONTRACTOR/ CODE ' I FACILITY I 18a . PAYMENT WILL BE MADE BY CODE I BELK

OFFEROR CODE

Federal Bureau of Prisons

CASSI E HECKER

FCI Elkton ELK -Busincss0f1icc-S@bop.gov

PO BOX 129

Li sbon. 01 I 44412

TELEPHONE NUMBER

□17b . CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

OFFER BELOW IS CHECKED □ SEE ADDENDUM

19. 20. 21. 22 . 23. 24.

ITEM NUMBER SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

I ST QUARTER SUBS I STE CE REQUIREME TS(r' Y 2024)

Un less otherwi se stated in the item description or other arrangements are approved by FCI Elkton Food Service staff, all awarded items are to deliver between OCTOBER 2, 2023 and OCTOBER 20, 2023.

Firm Fixed Price

See Continuation Sheet(s) ( Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

□ 27a . SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQU ISITION REGULATION) FAR 52.2 12-1 , 52.212-4. FAR 52 212-3

AND 52 212-5 ARE ATTACHED ADDENDA

□ ARE □ ARE NOT ATTACHED

n 27b. C;NTRACTIPURCHASE ;RDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA □ ARE □ ARE NOT ATTACHED

~ 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN I COPIES TO □ 29. AWARD OF CONTRACT: REFERENCE

OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

.S) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO TH E

TERMS AND CONDITIONS SPECIFIED.

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNA TURE OF CONTRACTING OFFICER)

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

A UTHORIZED FOR LOCAL REPRODUC T ION

PREV IO US EDITION IS NOT USABLE

30c. DATE SIGNED 31b. NAME OF TH E CONTRACTING OFFICER (Type or prml) 31 c. DATE SIGNED

Heidi Bourne 08/ 14/2023

STANDARD FORM 1449 (REV. 11/2021 )

Prescribed by GSA - FAR (48 CFR) 53.212

RFQP02162300031 Page 2 of 29

19. 20. 21 . 22. 23. 24 .

ITEM NUMBER SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

□ RECEIVED □ INSPECTED □ ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ____________ _

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

REPRESENTATIVE REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHOR IZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34 . VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

O coMPLETE □PART IAL □ FINAL

I PARTIAL I I FINAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Prin t)

41b. SIGNATURE AND TITLE OF CERTIFY ING OFFICER 41c. DATE

42b. RECEIVED AT {Location)

42c. DATE REC'D (YY/MM/OO) 142d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 11/2021) BACK

Section

I

RFQP02162300031 Page 3 of 29

Table of Contents

Description Page Number

Solicitation/Contract Form.... .... .. ..... ... ...... ...................... .. ........ ........ .... .... ............ . ........... I Commodity or Services Schedule Contract Clauses

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surve illance Services or Equipment (Nov 2021 ) 52.212-5 Alt I Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Mar 2023) - Altern ate I ( Feb 2000) 52.232-18 Ava ilability of Funds (Apr 1984) DOJ-02 Contractor Privacy Requirements (JAN 2022) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022)

List of Attachments Solicitati on Provisions

52.212-3 Offe ror Representations and Certi ficati ons-Commcrcial Products and Commercia l Services (Dec 2022) 52.204-24 Representation Regarding Certai n Telecommunications and Vid~o Survei ll ance Services or Equipment (Nov 2021 ) 52.212-3 Offeror Representations and Ce1iifications-Commercial Product s and Commercial Services (Dec 2022) 52.204-24 Representation Regarding Cenain Telecommunicati ons and Video Survei ll ance Services or Equipment (Nov 202 1 )

RFQP021 62300031 Page 4 of 29

Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLI ES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 See attached list. 1 LT $ $

NOTE: FROZEN ITEMS WILL NOT BE ACCEPTED IF "USE BY"

DATES HAVE PASSED/EXPIRED. EVIDENCE OF PREVIOUS

TEMPERATURE ABUSE (ICE CRYSTALS, SPOILED, BAD

ODOR ETC .. ) WILL NOT BE ACCEPTED.

Notes:

Appointments are required with Food Service Warehouse staff for frozen food deliveries. Phone 330-420-6200 x 1316 to schedule .

Unless otherwise stated in the product description or unless an alternative delivery schedule has been agreed to by FCI Elkton Food Service staff, all items are expected to deliver between OCTOBER 2, 2023, and OCTOBER 20, 2023.

PSC: 8945

1ST QUARTER SUBSISTENCE REQUIREMENTS (FY 2024)

Unless otherwise stated in the item description or other arrangements are approved by FCI Elkton Food Service staff, all awarded items are to deliver between OCTOBER 2, 2023 and OCTOBER 20 , 2023.

RFQP02162300031 Page 5 of 29

Section 2 - Contract Clauses

A.1 ADDE DUM TO FAR 52.212-4, Contract Terms and Conditions-Co mmercial Products and Commercial Services (Dec 2022)

The terms and conditions for the fo llowing clauses are hereby incorporated in to thi s so li citation and resulting contract as an addendum to FAR clause 52.2 12-4.

This Section Is Intentionally Left Blank

[END OF ADDENDUM TO FAR 52.212-4]

52.21 2-5 Al t I Contract Tern1s and Conditions Required To Implement Stat11 tes or Execu tive Orders Commercial Products and Commercia l Serv ices (Mar 2023) - Alternate I (Feb 2000)

(a) The Contrac tor shall compl y with the fo ll owing Federa l Acqu isition Regul ati on (FAR) c lauses, which are incorporated in th is contract by reference, to imp lement provisions of law or Executi ve o rders appli cab le to acqu i,i tion s of co mmerc ia l products and commercial serv ices :

( 1) 52.203-1 9, Prohibition on Requiri ng Certa in lntem al Confidentia lity Agreements or Sta tements (.J an 20 17) (section 743 of Division E, Titl e VTl , of the Conso li dated and Further Continuing Appropri ations Act. 20 I :i ( Pub. L. I 13-235) and its successor provisions in subsequent appropriations ac ts (and as ex tended in co nti nuing reso luti ons) ).

(2) 52.204-23, Prohibition on Contract in g for Hardware, Software, and Services Deve loped or Provided by Kaspersky Lab and Other Covered Entiti es (Nov 202 1) (Section 1634 of Pub. L. 11 5-9 1).

(3) 52.204-25, Prohib iti on on Contracting fo r Certa in Telecommunications and Video Sun ..: illance Services o r Equi pment. (Nov 202 1) (Section 889(a)(l )(A) of Pub. L. 11 5-232).

(4) 52.209-10, Prohibiti on on Contracting with Inverted Domestic Co rporations (Nov 20 I_.:; )

(5) 52.232-40, Providing Accelera ted Payments to Small Business Subcontractors (Mar 2023 ) (3 I U.S.C. 3903 and IO U .S.C. 3801 ).

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

(7) 52.233 -4, Applicable Law fo r Breach of Contrac t C la im (Oct 2004)(Pub lic Laws I 08-77 and I 08-78 ( 19 U .S.C. 3805 note)).

RFQP02162300031 Page 6 of 29

(b) The Contractor shal l comply with the FAR clauses in th is paragraph (b) that the Contract ing Offi cer has indicated as bei ng incorporated in this contract by reference to implement provis ions of law or Executi ve orders appli cable lo acq uisiti ons of commercial products and commercia l serv ices:

[Contracting Officer check as appropriate.]

_ (I) 52 .203-6, Restrictions on Subcontractor Sales to the Government (J un 2020), with A lt crnate I ( ov 202 1) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

_ (2) 52.203-13, Contractor Code of Business Ethi cs and Conduct (Nov 2021) (41 U.S.C. 350LJ )).

_ (3) 52.203-15 , Whistleblower Protections under the American Recovery and Reinvestment /\ ct of 2009 (Jun 20 I 0) (Section 1553 of Pub. L. 111-5). (Applies to contracts fu nded by the American Reco very and Reinvestment Act of2009.)

_ (4) 52.204-10, Reporting Executi ve Compensation and First-Tier Subcontract Awards (.Jun 2020) (Pub. L. I 09-282) (31 U.S.C.

610 1 note) .

_ (5) [Reserved].

_ (6) 52 .204-14, Service Contract Reporting Req ui rements (Oct 20 16) (Pub. L. I I 1-1 17, sec tion 743 of Div. C) .

_ (7) 52.204-1 5, Se1vice Contract Reporting Requirements for fndetinite-Delivery Contracb (Oct 20 16) (Pub. L. I I 1-1 17, section 743 of Div. C).

_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractor~ l)eharred, Suspended, or Proposed for Debarment. ( ov 202 1) (3 1 U.S.C. 6 10 I note).

_ (9) 52.209- 9, Updates of Publi cly Ava il ab le lnformation Regardi ng Responsibility Mattei·, (Oct 20 I 8) (41 U.S .C. 2313).

_ (JO) [Reserved] .

_ ( 11) 52 .219-3, Noti ce of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U .S.C 657a).

_ ( I 2) 52.2 I 9-4, Notice of Price Evaluation Preference for H UBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

_ ( 13) [Reserved]

_ (14)(i) 52.219-6, Notice ofTota l Small Bus iness Set-Aside (Nov 2020) (15 U.S.C. 644 )

_ (ii) Alternate l (Mar 2020) of 52 .219-6.

_ ( I 5)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( I 5 U .S.C. 64-1 )

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

_ ( 16) 52.219-8, Utili zation of Small Business Concerns (Oct 2022) ( 15 U .S.C. 637(d)( 2) and (3)).

_ ( 17)(i) 52.2 19-9, Smal I Business Subcontracting Plan (Oct 2022) ( 15 U.S.C. 63 7(d)( 4))

_ (ii) Alternate T (Nov 2016) of 52.2 19-9.

_ (ii i) Alternate TT (Nov 20 16) of 52.219-9.

_ (iv) Alternate Lil (Jun 2020) of 52.219-9.

_ (v) Alternate IV (Sep 2021) of 52.219-9.

_ ( I 8)( i) 52.219- 13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)) .

RFQP02162300031 Page 7 of 29

_ ( ii ) Alte rnate T (Mar 2020) of 52.2 19- 13.

_ (19) 52 .219-14, Limitations on Subcontracti ng (Oct 2022) (IS U.S.C. 657s).

_ (20) 52 .219-16, L iq ui dated Damages-Subcontract ing Plan (Sep 202 I) ( I 5 U.S.C. 63 7(d)(-+ )( 1--)( i)).

_ (2 1) 52.2 19-27, Notice of Service-Disabled Veteran-Owned Small Bus iness Set-Aside (Oc t 2022) ( 15 U.S.C. 657f)

_ (22)(i) 52 .219-28, Post-Award Sma ll Business Program Rerepresentation (Mar 2023) ( 15 U .S.C. 632(a)(2)).

_ (i i) Alte rnate l (Mar 2020) of 52.2 19-28.

_ (23) 52.2 19-29, Notice of Set-As ide for, or Sole-So urce Award to, Economically Disad vantaged Women-Owned Small Business Concerns (Oct 2022) ( IS U.S.C. 637(111)).

_ (24) 52.2 19-30, Notice of Set-As ide for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligib le Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(111)).

_ (25) 52 .219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 L' S.C. 644(r)).

_ (26) 52 .2 I 9-33, Nonmanufacturer Rule (Sep 2021) ( 15 U .S.C. 657s).

_ (27) 52.222-3, Convict Labor (Ju ne 2003) (E.O. 11 755).

_ (28) 52.222- 19, Ch ild Labor--Cooperation w ith Authorities and Remedies (Dec 2022) ( E O 13 126).

_ (29) 52 .222-2 1, Prohi bition of Segregated Fac ilit ies (Apr 20 15).

_ (30)(i) 52.222-26, Equa l Opportun ity (Sept 201 6) (E.O. 11246).

_ (ii) A lternate I (Feb 1999) of 52.222-26.

_ (3 I )( i) 52.222-35, Equa l Opportun ity for Veterans (Jun 2020) (38 U.S.C. 4212).

_ (ii) Alternate T (July 20 14) of52.222-35.

_ (32)(i) 52.222-36, Equal Opportu nity for Workers with Disab ilities (Jun 2020) (29 U.S.C. 793) .

_ (ii) Alternate T (Ju ly 20 14) of 52.222-36.

_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 42 12) .

_ (34) 52.222-40, Notification of Employee Rights Under the Nationa l Labor Relati ons Ac t ( Dec 20 I 0) (E 0. 13496).

_ (35)(i) 52.222-50, Combating Traffick ing in Persons (Nov 202 1) (22 U.S.C. cha pter 78 and E.O. 13627).

_ (ii) Alte rn ate I (Mar 20 15) of 52 .222-50 (22 U.S.C. chapter 78 and E.O. 13627).

_ (36) 52 .222-54, Employment Eligibi lity Verificat ion (May 2022). (Executive Order 129H9). (Not applicab le to the acquisi ti on of commercially ava il able off- the-she lf items or certai n other types of commerc ial products llr rnmmercial serv ices as prescribed in FA R

22. 1803.)

_ (37)(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 acqu isition of commercia ll y ava ilable off-the-she lf items.)

_ (ii ) A lternate I (May 2008) of 52 .223-9 (42 U.S .C. 6962(i)(2)(C)) . ( ot app licab le to the acqui sit ion of commercially avai lable off the-shelf items.)

_ (38) 52.223- 11 , Ozone-Dep leting Substances and High Globa l Warming Po tential Hydroll uoroca rbon s (J un 20 16) (E.O. 13693).

RFQP02162300031 Page 8 of 29

_ (39) 52.223-12, Mai ntenance, Service, Repair, or Disposal of Refrigeration Equipment and Ai r Condi tioners (Jun 2016) (E.O.

13693).

_ (40)(i) 52.223- 13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 20 14) ( E O s 13423 and 13514).

_ (ii ) Alternate I (Oct 2015) of 52.223-13.

_ (4 I )(i) 52.223- 14, Acquisition of EPEA T®-Registered Televisions (Jun 2014) (E .O .s 1342:l and 135 14) .

_ ( ii ) Alternate T (Jun 2014) of52.223-14.

_ (42) 52.223-15, Energy Effic iency in Energy-Consuming Products (May 2020) (42 U.S.C. X259b).

_ (43)(i) 52.223- 16, Acquisition ofEPEAT®-Registered Personal Computer Products (O<.:t 20 15) (E .O .s 13423 and 13514).

_ (ii) Alternate I (Jun 20 I 4) of 52.223- 16.

_ ( 44) 52.223-18, Encouragi ng Contractor Policies to Ban Text Messaging While Driving ( .l un 2020) (E.O. 13513).

_ (45) 52.223-20, Aeroso ls (Jun 20 16) (E.O. 13693).

_ (46) 52 .223-2 1, Foams (Jun 20 16) (E.O. 13693).

_ (47)(i) 52 .224-3 , Privacy Training (Jan 2017) (5 U.S.C. 552a).

_ (ii ) Alternate l (Jan 20 17) of 52.224-3 .

_ (48)(i) 52.225- 1, Buy American--Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

_ (i i) Alternate I (Oct 2022) of 52 .225-1.

_ (49)(i) 52.225-3, Buy Ameri can-Free Trade Agreements- Israeli Trade Act (Dec 2022) ( J l) U .S. C. 330 I note, 19 U .S.C. 21 12 note, 19 U.S .C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub lic Law 103-1 82, 108-77, 108-78, 108-286, 108-302, 109-53 , 109- 169, 109-283, 110-138, 11 2-4 1, 112-42, and 11 2-43.

_ (ii) Alternate l [Reserved).

_ (iii ) Alternate IT (Dec 2022) of52.225-3.

_ (iv) Alternate Ill (Jan 2021) of 52.225-3.

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

_ (50) 52.225-5, Trade Agreements (Dec 2022) ( I 9 U.S.C. 250 I, et seq. , 19 U.S. C. 330 I note).

_ (51) 52.225- 13, Restrictions on Certa in Foreign Purchases (Feb 202 I) (E.O.'s, proc lamat ions, and statutes admin istered by the Office of Foreign Assets Contro l of the Department of the Treasury) .

_ (52) 52.225-26, Contractors Perfo1111ing Private Security Functions Outside the United States (Oct 201 6) (Section 862, as amended, of the 1ational Defense Authorization Act for Fiscal Year 2008; IO U.S.C. Subtitle A, Pan \I, Subpart G otc) .

_ (53) 52.226-4, Notice of Disaster or Emergency Area Set-As ide (Nov 2007) (42 U .S.C. 5 150) .

_ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Arca (No \· 2007) ( 42 U.S.C. 5150).

_ (55) 52.229-12, Tax on Certa in Foreign Procurements (Feb 2021 ).

_ (56) 52.232-29, Terms fo r Financing of Purchases of Commercial Products and Commercia l Services ( ov 202 1) (41 U.S.C. 4505 , 10 U.S .C. 3805).

RFQP02162300031 Page 9 of 29

_ (57) 52.232-30, Tnstallment Payments for Commercial Products and Commercial Services (Nov 202 1) (41 U.S.C. 4505, IO U.S.C.

3805).

_ (58) 52 .232-33, Payment by Electronic Funds Transfer--System for Award Management ( Oct 201 8) (3 1 U .S.C. 3332).

_ (59) 52.232-34, Payment by Electronic Funds Transfer--Other than System fo r Award Management (Ju l 2013) (3 1 U .S.C. 3332).

_ (60) 52.232-36, Payment by Third Party (May 2014) (3 1 U.S.C. 3332).

_ (61) 52.239- 1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_ (62) 52.242-5 , Payments to Small Business Subcontractors (Jan 20 17)( 15 U.S.C. 637{d)( 13) ).

_ (63)(i) 52.247-64, Preference for Privately Owned U.S. -Flag Commercia l Vesse ls (Nov 202 1) (46 U.S.C. 55305 and IO U.S.C.

2631).

_ (ii) Alternate I (Apr 2003) of52.247-64.

_ (ii i) Alternate II (Nov 202 1) of 52.247-64.

(c) The Contractor shall comply with the FA R clauses in this paragra ph (c), app li cable to co111mercial services, that the Contracting Officer has indicated as being incorporated in thi s contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial serv ices:

[Contracting Officer check as appropriate.]

_ ( 1) 52.222-41 , Service Contract Labor Standards (A ug 20 18) ( 41 U.S.C. chapter 67).

_ (2) 52.222-42, Statement of Equi va lent Rates for Federal Hi res (May 2014) (29 U .S.C. 206 and 4 1 U .S.C. chapter 67) .

_ (3 ) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adj ustment (Multiple Year and Option Contracts) (Aug 201 8) (29 U.S.C. 206 and 41 U.S .C. chapter 67).

_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standa rds-- Price Adjustment (May 20 14) (29 U.S.C. 206 and 4 1 U.S.C. chapter 67).

_ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts fo r Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 201 4) ( 41 U.S .C. chapter 67).

_ (6) 52.222-53, Exemption from Appli cation of the Service Contract Labor Standards to Contracts for Certa in Services- Requi rements (May 2014) (41 U.S.C. chapter 67).

_ (7) 52 .222-55, Minimum Wages fo r Contractor Workers Under Executive Order 14026 (.Ian 2022).

_ (8) 52.222-62, Paid Sick Leave Under Executi ve Order 13706 (Jan 2022) (E.O. 13706)

_ (9) 52.226-6, Promoting Excess Food Donation to Non profit Orga ni zations (Jun 2020) (-1 :2 U .S.C. 1792).

(d)(I ) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c) of thi s c lause, the Contractor is not required to flow down any FAR clause, other than those in thi s paragraph (d)( I) in a subcontract for cnmmcrcial products or commerc ial services.

Un less otherwise indicated below, the ex tent of the now down shall be as required by the clause--

(i) 52.203-1 3, Contractor Code of Business Ethics and Conduct (Nov 2021) (4 1 U.S.C. 350 l) ).

(i i) 52.203-1 9, Prohibition on Requiring Certa in Internal Confidenti ali ty Agreements or St atements (Jan 20 17) (section 743 of Division E, Title VII , of the Consolidated and Further Continuing Appropriati ons Act, 20 I 5 ( Pub . L. I 13-235) and it s successor provisions in subsequent appropriations acts (and as extended in continui ng reso lutions)).

RFQP02162300031 Page 10 of 29

(ii i) 52 .204-23, Prohibition on Contracting fo r Hardwa re, So ftware, and Services Developed nr Prov ided by Kaspersky Lab and Other

Covered Entities (Nov 2021) (Secti on 1634 of Pub. L. I 15-9 1 ).

(iv) 52.204-25, Prohibi tion on Contracting for Ce1ta in Telecommunications and Video Surveil lance Services or Equi pment. (Nov 202 1) (Secti on 889(a)( l )(A) o f Pub. L. 11 5-232) .

(v) 52 .2 19-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3 )), in all subcontracts that offer futth er subcontracting opportuniti es. If the subcontract (except subcontrac ts to sma ll busi ness concerns ) exceeds the appli cable thresho ld spec ified in FAR 19. 702(a) on the date of subcontrac t award, the subcon trac tor must include 52 .2 19-8 in lower ti er subcontrac ts that offer subcontracting oppo ttuniti es.

(vi) 52.222-21, Prohibition of Segregated Facil iti es (A pr 20 15)

(vii) 52.222-26, Equa l Opportunity (Sept 20 16) (E.O. 11 246) .

(vii i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 42 12).

(ix) 52.222-36, Equal Oppottunity for Workers with Disabi li ties (Jun 2020) (29 U.S.C. 793 ).

(x) 52.222-37, Empl oyment Reports on Veterans (Jun 2020) (38 U.S. C. 42 12).

(xi) 52.222-40, Noti fi cation of Emp loyee Ri ghts Under the Nati ona l Labor Relations Act ( Dec 20 I 0) (E.O. 13496). Flow clown required in acco rdance with paragraph (f) of FA R c lause 52.222-40.

(xii) 52.222-4 1, Servi ce Contract Labor Standards (A ug 20 I 8) ( 4 1 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Traffi cking in Perso ns (Nov 202 1) (22 U.S.C. chapter 78 an d E. O 13627).

(B) Alternate I (Mar 201 5) of 52.222-50 (22 U.S .C. chap ter 78 and E.O 13627).

(xiv) 52.222-5 1, Exemption from Appl ication of the Service Contract Labor Standa rds to Co ntrac ts for Ma intenance, Cal ibration, or Repair of Certa in Eq uipment-Requirements (M ay 2014) (4 1 U.S .C. chapter 67).

(xv) 52.222-53, Exemption from Appli cation of the Service Contract Labor Standards to Con trac ts fo r Cetta in Services-Requirements (May 20 14)(41 U.S.C.chapter 67).

(xv i) 52.222-54, Empl oyment E li g ibility Verificati on (May 2022) (E.O. 12989).

(xvii) 52.222-55, Minimu m Wages fo r Contractor Workers Under Execut ive Order 14026 (.J an 2022).

(xviii ) 52.222-62, Pa id Sick Leave Under Executive Order 13706 (Jan 2022) (E .O. 13706)

(xix)(A) 52 .224-3, Pri vacy Training (Jan 20 17) (5 U.S.C. 552a).

(B) Alternate I (Jan 20 17) of 52.224-3.

(xx) 52.225-26, Contractors Perfo rm ing Private Security Functi ons Outside the Un ited Staks (Oct 20 16) (Secti on 862, as amended , of the Nat ional Defen se Authorization Act for Fisca l Year 2008; 10 U.S.C. Subtitl e A, Part\ ' . Subpart G Note).

(xx i) 52.226-6, Promoting Excess Food Donation to onprofi t Orga ni zat ions (Jun 2020) (4 2 U.S.C. 1792). Flow down req uired in accordance with paragraph (e) of FAR c lause 52.226-6.

(xxii) 52.232-40, Provid ing Acce lerated Payments to Sma ll Bus iness Subcontrac tors (Mar 2023 ) (31 U.S.C. 3903 and IO U.S.C.

380 I). Flow down required in accordance wi th paragraph (c) of 52.232-40.

(xxiii) 52.247-64, Preference for Pri vately Owned U.S.- Flag Commercial Vesse ls (Nov 202 1 l (46 U.S.C. 55305 and IO U.S.C. 263 1 ).

Flow down required in accordance w ith paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts fo r commercia l prod ucts and co mmercia l services a minimal num ber of additional cl auses necessary to sati sfy its contrac tua l obl igati ons.

RFQP02162300031 Page 11 of 29

(End of clause)

RFQP02162300031 Page 12 of 29

Section 3 - List of Attachments

Identifier !Title Number of Pages

1 SUBSISTENCE SYNOPSIS - 1 ST QTR FY24.docx 1

2 SUBSISTENCE NATIONAL MENU SPECIFICATIONS QUOTE.pdf 11

RFQP02162300031 Page 13 of 29

Section 4 - Solicitation Provisions

52.2 12- 1 Instructions to Offerors-Commercial Prod ucts and Commercial Services (r-- 1ar 2023)

(a) North American i ndustry Classification System (NA JCS) code and small business si::e s1a11durd. The NA ICS code(s) and small business size standard(s) fo r thi s acqui si tion appear elsewhere in the solicitation. However, the sma ll bus iness size standard fo r a concern that submi ts an offer, other than on a constructi on or serv ice acquisition , but propose, to furnish an end item that it did not itself manufactu re, process, or produce is 500 employees, or 150 employees for info rmation techno logy va lue-added rese llers under NAlCS code 54 1519, if the acquisition--

( I) ls set as ide fo r small business and has a va lue above the simplified acquisition threshold:

(2) Uses the HUBZone price eva luation preference regardless of do ll ar va lue, unl ess the offcro1· waives the price eva luation pre ference; or

(3) ls an 8(a), HUBZone, serv ice-disabled veteran-owned, economica ll y di sadvantaged women-owned, or women-owned small business set-as ide or so le-source award regardless of dollar value.

(b) Submission of o.lfers. Subm it signed and dated offers to the office specified in this solic itat iun at or before the exact time spec ified in this sol icitation. Offers may be submitted on the SF 1449, letterhead stat ionery, or as otherwise specified in the soli citation. As a minimum, offers must show--

( 1) The solici tat ion number;

(2) The time specified in the so licitati on fo r rece ipt of offers;

(3) The name, address, and te lephone number of the offcror;

(4) A technica l description of the items being offered in sufficient detai l to eva luate comp liance with the requ irements in the solicitat ion. Thi s may include product li terature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Pri ce and any di scount terms;

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

(8 ) A completed copy of the representations and certifi cati ons at Federal Acqui sition Regulation (FAR) 52.2 12-3 (see F /\R

52.2 l 2-3(b) for those representa ti ons and certifications that the offeror shall complete electronicall y);

(9) Acknowledgment of So li citation Amendments ;

( I 0) Past perfonnance in fo rmation, when inc luded as an evaluation factor, to include recent and re levant contracts fo r the same or similar items and other references (including con tract numbers, points of contact with tel epho ne numbers and other re levant info rmati on); and

( 11) If the offer is not submi tted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and prov isions included in the so li citation. Offers that fail to fu rni sh required representati on~ or information , or reject the terms and condit ions of the sol icitation may be exc luded from consideration.

(c) Periodfor acceptance of offers. The offeror agrees to ho ld the prices in its offer firm fo r JO calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the so licit ati on.

(cl) Product samples. When required by the so li citati on, product samples sha ll be submitted at or prior to the ti me specified for receipt of offers. Unless otherwise spec ified in this sol icitati on, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

RFQP02162300031 Page 14 of 29

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenti ng alternative terms and conditions, including alternative li ne items (provided that the alternati ve line items are consistent with FAR subpart 4. 10) , or al tn nati ve commerci al products or commercia l serv ices fo r sati sfy ing the requirements of thi s soli citation . Each offer subm itted wil l be eva luated separately.

(f) Late submissions, modifi cations, revisions, and withdrawals of o[/ers.

( I) Offerors are responsible for submitting offers, and any modificati ons, rev isions, or withd rawa ls, so as to reach the Government office designated in the so licitation by the time specified in the so li citation. lf no time is specifi ed in the solicitati on , the time for receipt is 4:30 p. m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revis ion, or withdrawal of an offer received at the Government ofticc designated in the sol icitation after the exact time specified for receipt of offers is "late" and will not be considered unl ess it is received before award is made, the Contracting Officer determines that accepting the late offer would not undul y delay the acqui sition; and--

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

(B) There is acceptable evidence to establish that it was received at the Government install at1 on designated for rece ipt ofoffers and was under the Government's control prior to the time set for receipt of offers; or

(C) lfthi s soli citation is a request for proposa ls, it was the onl y proposa l received.

(ii) However, a late modification of an otherwise successfu l offer, that makes its terms more la \'orable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation include~ the time/date stamp of that instal lation on the offer wrapper, other documentary ev idence of rece ipt maintained by the install ati on , or ora l testimony or statemen ts of Government personnel.

(4) lf an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office des ignated for receipt of offers by the exact time spec ified in the so li eitat ion , and urgent Government requirements preclude amendment of the so li citation or other notice ofan extension of the closing date, rh c ti me specified fo r receipt of offers will be deemed to be extended to the same time of day specified in the so li citati on on the fi rst \ H ll'k day on whi ch normal Government processes resume.

(5) Offers may be withd rawn by written notice received at any time before the exact time set for rece ipt of offers. Ora l offers in response to ora l solicitations may be wi thdrawn oral ly. Tfthe so li citat ion authorizes focsim il e offe rs, offers may be withdrawn via facsimile received at any time befo re the exact time set for receipt of offer., subject to the conditions spec ified in the so licitation concerning facs imile offers. An offer may be withdrawn in person by an offeror or its authori /ed representative if, befo re the exact time set for rece ipt of offers, the identity of the person requesting withdrawal is es tabl is heel ;111d the person signs a receipt for the offer.

(g) Contract award (not applicable to in vitation for Bids). The Government intends lo evaluate offers and awa rd a contract without discussions with offerors. Therefo re, the offeror's initial offer shoul d contain the offcror's best te rms from a price and techn ical stand point. However, the Government reserves the ri ght to conduct di scussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the pu blic intcrc, t: accept other than the lowest offer; and wa ive infornrnlities and minor iITegulariti es in offers rece ived.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qua lifi es the offer by specific limitat ions. Unless otherwise provided in the Schedule, offers may not be subm itted !or quantiti es less than those spec ified.

The Government reserves the ri ght to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror spec ifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(I )(i) The GSA index of federa l Specifications, Standards and Commercial Liem Descriptio n,, FPMR Pai1 IO 1-29, and copies of specifications, standards, and commercial item descriptions ci ted in thi s so li citation may be obta ined for a fee by submi tting a request to--

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

Washi ngton, DC 20407 Telephone (202) 6 19-8925 Facsimile (202) 6 19-8978.

RFQP02162300031 Page 15 of 29

(ii) lfthe General Services Administration, Depanment of Agriculture, or Depa11mcnt of Vete rans Affairs issued this so li citation, a single copy of specifications, standards, and commercia l item descriptions cited in thi s solicita tion may be obtai ned free of charge by submitting a request to the addressee in paragraph (i)( l)(i) of this provision. Additional copies will be issued fo r a fee.

(2) Most unclass ified Defense spec ifications and standards may be downloaded from the fol Im\ ing ASS IST websites:

(i) ASSlST (https://assist.dla.mil/online/star//).

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

(3) Documents not avai lab le from ASSIST may be ordered from the Department of Defense Single Stock Poin t (DoDSSP) by-

(i) Using the ASS IST Shopping Wizard (https://assist.dla .mil/wizard/index.cf m);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2 179, Mon-Fri , 0730 to 1600 [ST: or

(iii) Ordering from DoDSSP, Build ing 4, Section D, 700 Robbins Avenue, Philadelphia, Pf\ I l) I 11 -5094, Te lephone (2 15) 697-2667/2179, Facsimile (2 15) 697-1 462.

(4) Nongovernment (vo luntary) standards must be obtained from the organization responsib le fo r thei r prepara tion, publication , or maintenance.

(i) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or be low the micro-purchase threshold if the solicitation requires the Contractor Lo be regis tered in the System fo r Award :---~anagemcnt (SAM).) The Offeror shall enter, in the block wi th its name and address on the cover page of its offer, the annotati on "Uniq ue En ti ty Identifi er" fo llowed by the unique entity identifier that identifi es the Offeror's name and address. The Offeror also shal I en ter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entit y identifi er. The suffi x is ass igned at the discretion of the Offeror to establi sh additional SAM records for identi fy ing alternative EFT accounts (see FAR subpart 32 . l 1) fo r the same entity. lfthe Offeror does not have a un iq ue entity identifi er, it should contact the entit y des ignated at w1vw.sa111 .gov fo r unique entity identifier establishment directly to obtain one. The Offeror shou ld indicate that it is an offe ror fo r a Government contract when contacting the entity des ignated at www.sam.gov for establishing the unique entity identifi er

(k) [Reserved].

(I) Debriefing. Ir a post-award debriefin g is given to requesting offerors, the Government sh al I di sc lose the following in fo rmation, if app li cable:

( l) The agency's eva luation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overa ll evaluated cost or price and technical rating of the successful and the debriefed offero r and past performance infonnation on the debriefed offeror.

(3) The overa ll ranking of all offerors, when any rank ing was deve loped by the agency during source se lection.

(4) A summary of the rational e fo r award ;

(5) For acquisi ti ons of commercial products, the make and mode l of the product to be deli,-crcd by the success ful offeror.

(6) Reasonable responses to relevant questions posed by the debri efed offeror as to whether suurce-sclection procedures set fo rth in the so li citation, app li cable regul ations, and other app li cable authoriti es were fol lowed by the agency.

(End of provis ion)

RFQP02162300031 Page 16 of 29

A.2 ADDEND UM TO FAR 52.212-1, Instructions to Offerors-Commerci al Products and Commercial Services (Mar 2023)

The terms and conditions for the fo llowing provisions are hereby incorporated into this so li citation as an addendum to FAR provision 52.2 12-1.

This Section Is Intentionally Left Blank [END ◄ t>F ADDENDUM TO FAR 52.212-1]

52.2 12-2 Evaluat ion-Commerc ia l Products and Commerci al Services (Nov 2021)

(a) The Government wi ll award a contract resulting from this so li citation to the responsible uffcro r whose offe r conforming to the solicitation will be most advantageous to the Government, price and other facto rs considered . The follow ing fac tors sha ll be used to eva luate offers:

[Contracting Officer shall insert the significant evaluation factors. such as (1) technical rn11uhility o(the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); a11d inc:lude them in the relatil'e order of importance of the evaluation factors, such as in descending order of importa11ce. ]

Technica l and past perforn1ance, when co mbined, are _________ [Contracting Officer state. in accordance with FAR 15.304, the relative importance ofa/1 other evaluation factors. when combined, when co111p11red to price.]

(b) Options. The Government w ill eva luate offers fo r award purposes by adding the total pri ce fo r a ll options to the total price fo r the basic req uirement. The Government may determine that an offer is unacceptable if the opt ion prices are signifi cantly unba la nced.

Eva luati on of options shall not obligate the Government to exerc ise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to th e successfu l offeror within the time for acceptance spec ified in the offer, sha ll result in a binding contract without fort her action by e ither party. Before the offer' s specified exp iration time, the Government may accept an offer (or pa1i of an offer), whether or not th ere are negotiations after its receipt, unless a written noti ce of withdrawa l is rece ived before awa rd.

(End of provision)

52.212-3 Offeror Representations and Cert ifi cations-Commercia l Products and Commercial Services (Dec 2022)

RFQP02162300031 Page 17 of 29

The Offerer shall complete onl y pa ragraph (b) or thi s provision i r the Offeror has comp leted the annual represen tati ons and certification electronicall y in the System for Award Management (SAM) accessed th rough h11;1.,://w, vwsa111 .gov. H the Offeror has not completed the annual representations and certifica ti ons electronically, the Offcror shall comp le te onl y paragraphs (c) through (v) of thi s provision.

(a) Definitions. As used in this prov ision--

"Covered telecommunicati ons equipment or services" has the meaning provided in the cla use 52.204-25, Prohib ition on Contracting for Ce1tain Telecommunicat ions and Video Surveillance Services or Equipment.

"Economica lly di sadvantaged 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 operati ons of which arc controll ed by, one or more women who are citizens of the United States and who are economicall y di sadvantaged in accorclancc wi th I 3 CFR part 127, and the concern is ce1tified by SBA or an approved third-party cert ifier in accordance with 13 CF R 127 .300. It automati ca ll y qualifies as a women-owned small business el igible under the WOSB Program.

"Forced or indentured child labor" means all work or serv ice--

(I ) Exacted fro m any person under the age of 18 under the menace of any pena lty fo r its nonpnfo rmance and for which the worker does not offer himself vo luntarily; or

(2) Perfo rmed by any person under the age of 18 pursuant to a contract the enfo rcement or \1 ·hic h can be accomplished by process or penalti es.

"Highest-l evel owner" means the entity that owns or contro ls an immediate owner of the offcror, or that owns or control s one or more entiti es that control an immediate owner of the offerer. No entity owns or exercises contro l o l' the highest leve l owner.

"Immediate owner" means an entity, other than the offeror, th at has direct cont ro l or the offeru r. Indicators o f contro l include, but are not limited to, one or more of the foll owing: ownership or interlocki ng management, identit y of interes ts among fa mi ly members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation", means a fo reign incorporated entity that meets the defini ti on of an invcnecl domesti c corporation wider 6 U.S.C. 395(b), applied in accordance with the rules and defi nit ions of6 U. S.C. 395(c)

"Manufactured end product" means any encl product in product and service codes (PSCs) I 000-9999, except--

( I) PSC 5510, Lumber and Related Bas ic Wood Materi als;

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

(3 ) PSG 88, Live Animals;

( 4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materia ls;

(6) PSC 9430, Misce llaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agri cultura l and Forestry Products;

(8) PSC 96 10, Ores;

(9) PSC 9620, Mineral s, Na tura l and Synthetic; and

(10) PSC 9630, Additi ve Meta l Materia ls.

"Place of manufacture" means the place where an encl product is assembled out of components, or otherwise made or processed from raw materi als into the fini shed product that is to be provided to the Government. l f a produc t is di sassemblccl and reassembled, the place of reassembly is not the place of manufacture.

RFQP02162300031 Page 18 of 29

"Predecessor" means an enti ty that is rep laced by a successor and includes any predecessors 01· the predecessor.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Cont i-ac ting for Certain Telecommunicat ions and Video Survei ll ance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power prod uction activi ties , mineral extraction activities, oil-related activities, or the production of mili tary equipment, as those terms arc de lined in the Sudan Accountabi lity and Divestment Act of 2007 (Pub. L. I I 0-174). Restri cted business operations do not include bu~iness operations that the person (as that term is defined in Section 2 of the Sudan Accountab ili ty and Divestment Act of2007) conducting the business can demonstrate--

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

(2) Are conducted pursuant to spec ific authori zati on from the Office of Foreign Assets Control in the Department of the Treasury, or are express ly exempted under Federal law from the requirement to be conducted under such authori zation :

(3) Consist of provid ing goods or services to marginalized populat ions of Sudan:

(4) Consist of provid ing 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 vo luntarily suspended.

"Sensitive techno logy"--

( I) Means hardware, software, telecommunications equipment, or any other technology that i, to be used spec ifica lly--

(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 inc lude information or informat ional materials the expori of which the Presiden t does not have the au thority to regul ate or prohibit pursuant to section 203(b )(3) of the international Emergency Economic Powers /\c t (50 U.S.C . I 702(b )(3)).

"Service-di sabled veteran-owned small business concern"--

( I) Means a small bus iness concern--

(i) Not less than 51 percen t 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 wh ich is owned by one or more service-di,ah lcd veterans; and

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

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. IO I (2) , with a disabi I ity that is service-connected, as defi ned in 38 U.S.C. 10 1( 16).

"Small business concern"--

( I) Means a concern, including its affili ates, that is independently owned and operated, not domi nant in its field of operation, and qua li fied as a small business under the criteria in 13 CFR part 12 1 and size standards in th i, ~olicitation .

(2) Affiliales, as used in this definition, means business concerns. one of whom dire<.:tly or ind irect ly rnntrols or has the power to contro l the others, or a th ird party or pa1iies contro l or have the power to contro l the others. In determining whether affi liation ex ists, consideration is given to all appropriate factors including common ownersh ip, common nrn n:1gemcnt , and contractua l relationships.

SBA detem1ines affi liation based on the factors set fo rth at 13 CFR 121 .103.

"Small disadvantaged business concern" , cons istent with 13 CFR 124.1002, means a smal I business concern under the size standard app licable to the acqui sition, that--

RFQP02162300031 Page 19 of 29

(I) Is at least 51 percent unconditionally and directl y owned (as defined at 13 CFR 124. I 05) h) --

(i) One or more socia ll y di sadvan taged (as defined at 13 CFR 124. 103) and economica ll y di sadvantaged (as de fin ed at 13 CFR 124.104) individuals who are citi zens of the United States; and

(ii) Each individual claiming economic disadvantage has a net wo11h not exceed ing $750,000 after taking in to account the applicable exclusions set forth at 13 CFR 124. 104(c)(2); and

(2) The management and dai ly business operations of which are contro ll ed (as defined at I~ (TR 124. 106) by individuals, who meet the criteria in paragraphs ( l)(i) and (ii ) of this definition .

"Subsidiary" means an entity in which more tha n 50 percent of the entity is owned--

(I) Directly by a parent corporation; or

(2) Through another subsidiary of a parent coqJoration .

"Successor" means an entity that has replaced a predecessor by acqui ring the assets and carrying out the affa irs of the predecessor under a new name (often through acquisition or merger). The tem1 "successor" does not includc new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of thc successor for the li abi lities of the predecessor may vary, depending on State law and spec ific circumstances.

"Veteran-owned small busi ness concern" means a small business concern--

(I) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 USC. I O I (2)) or, in the case of any publicly owned business, not less than 5 1 percent of the stock of which is owned by one or more vetcrn ns: and

(2) The management and dai ly bus iness operations of which are cont ro ll ed by one or mon: 1 ctcra ns.

"Women-owned business concern" means a concern which is at least 5 1 percent owned by one or more women ; or in the case of any publicly owned business, at least 5 1 percent of its stock is owned by one or more women; and whose management and da il y business operations are contro ll ed by one or more women .

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

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

(2) Whose management and dail y busi ness operations are contro ll ed by one or more women .

"Women-owned smal l busi ness (WOSB) concern eli gible under the WOSB Program" (in acco rdance with 13 CFR part 127) , means a small business concern that is at leas t 51 percent di rectly and unconditionally owned by. and the manageme nt and dail y business operations of which are controlled by, one or more women who are citizens of the United Sta tes , and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)( I) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b )(2 ) of thi s provision do not automatically change the representations and certifications in SA M.

(2) The offeror has completed the annual representa ti ons and certifi cati ons electron ica ll y i11 SA M accessed through h11p:// www.sam.gov. After reviewing the SAM information, the Offeror verifies by submissi on o!" this offer that the representations and certifications currently posted electronica ll y at FAR 52.2 12-3 , Offeror Representations and Cert ifi cations-Commercial Products and Commercial Services, have been entered or updated in the las t 12 months, are current, accura te, complete, and app licab le to this so licitation (i ncluding the business size standard(s) applicable to the NA ICS code(s) rcfe renccd for thi s solicitation) , at the ti me this offer is submitted and are incorporated in this offer by reference (see FAR 4. 120 I), except fo r paragrap hs _ _____ _

[ Ojferor to identijj1 the applicable paragraphs at (c) through (v) o("this provision that the n//em ,· has completed/or the purposes of this solicitation only. if any.

Th ese amended represe11/ation(s) and/or certificalion(s) are also incorporated in this olfi!r u11d are current, accurare.