Terms and Conditions - 25Q0813.pdf

1232SA25Q0813 - Continuation Pages This document consists of the following sections:

SECTION I: CONTRACT ADMINISTRATION DATA

Title: Elevator maintenance and testing

1. Contract Points of Contacts (POCs):

i. Contractor Point of Contact (CPOC): TBD Address:

Email:

Phone:

ii. Technical Point of Contact (TPOC):

Address:

USDA,WHNRC (Western Human Nutrition Research Center) 430 West Health Science Dr Davis, CA 95616 Email:

Phone:

iii. Contract Specialist (CS):

Address: Kerrie Hodges

USDA, ARS, AFM, APD, COB

5601 Sunnyside Avenue Beltsville, MD 20705 Email: kerrie.hodges@usda.gov

iv. Contracting Officer (CO):

Address: Jessica Hadley

USDA, ARS, AFM, APD, COB

5601 Sunnyside Avenue Beltsville, MD 20705 Email: jessica.hadley@usda.gov Phone: 202-819-1434

2. The North American Industry Classification System (NAICS) for this procurement is: 811310 – Commercial and Industrial Machinery and Equipment, business size standard is $12.5 million.

3. Brief Description of Supplies and Services: The USDA, Western Human Nutrition Research

Center (WHNRC) in Davis, California has a requirement for elevator maintenance and category 5 safety testing.

SECTION DESCRIPTION

I Contract Administration Data II Instruction to Offerors III List of Attachments IV Solicitation Provisions V Contract Clauses

4. Type of Contract: The Government anticipates awarding a single-award firm-fixed-priced, contract utilizing FAR Part 13.

5. Commercial Supplies and Services: The services specified in this solicitation have been determined to be commercial.

6. Delivery/Performance: 10/1/2025 – 9/30/2030

7. Place of Performance: USDA,WHNRC 430 West Health Science Dr.

Davis, CA 95616

8. Contracting Officer: The Contracting Officer (CO) has the overall responsibility for the administration of awards. The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the award terms, conditions, requirements, specifications, details and/or delivery schedules; make final decisions on disputed deductions from contract payments for nonperformance, or unsatisfactory performance; terminate the contract for convenience or default; and issue final decisions regarding contract questions or matters under dispute. However, the CO may delegate certain other responsibilities to the CO Contracting Officer’s Representatives (COR). All delegated duties will be specified in writing by a COR Appointment and Delegation Notice.

9. Pricing

CLIN Description Delivery/ Performance Price / Ton

0001 Base Year Maintenance and Category 5 Safety Test 10/1/2025 – 9/30/2026

1001 Option Year 1 10/1/2026 – 9/30/2027 2001 Option Year 2 10/1/2027 – 9/30/2028 3001 Option Year 3 10/1/2028 – 9/30/2029 4001 Option Year 4 10/1/2029 – 9/30/2030

Total Price

10. Invoices: To invoice, a vendor must first enroll in the Invoice Processing Platform (IPP) by visiting https://www.ipp.gov/vendors/enrollment-vendors. Once enrolled, all invoices must be submitted electronically through IPP. The IPP is a government-wide secure web-based payment information service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury’s Financial Management Service (FMS).

Effective May 6, 2013, payment requests must be submitted electronically through the U.S.

Department of the Treasury’s Invoice Processing Platform (IPP).

“Payment Request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions—Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

https://www.ipp.gov/vendors/enrollment-vendors https://www.ipp.gov/

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. Contractor assistance with enrollment, UserIDs and Passwords can be obtained by contacting the IPP Helpdesk via email at IPP Customer Support Desk at 1-866-973-3131 or IPPCustomerSupport@fms.treas.gov. For all other IPP issues, please contact: National Finance Center’s Controller Operations Division (COD) Helpdesk at 1-877-243-3072 or COD.HELP@usda.gov

In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this order will be made by electronic funds transfer (EFT). The Contractor shall provide financial institution information to the Finance Office designated above in accordance with FAR 52.232-33 Payment by Electronic Funds Transfer - System for Award Management.

Benefits of registering with IPP include the ability for your company to create invoices directly from a contract award and submit them electronically, as well as:

• E-mail notification when invoice(s) are paid

• Online payment history

• Remittance download

11. Non-Excepted Activity: Work under this contract has been determined NOT TO BE an Excepted

Activity in the absence of an appropriation or CR. Activities under this contract do not support the preservation and protection of life and property and do not support law enforcement, health, and safety functions. In the event of shutdown, you will be notified by the cognizant contracting officer (CO) of the Government status and directed to suspend performance/stop work under this contract.

For details on the procedures, see Federal Acquisition Regulation (FAR) Clause 52.242-14, Suspension of Work or FAR Clause 52.242-15, Stop Work Order, as included in this contract.

12. Legal Holidays: The Federal Government observes the following days as holidays:

New Year’s Day January 1st

Martin Luther King’s Birthday Third Monday in January Presidents’ Day Third Monday in February Memorial Day Last Monday in May Juneteenth June 19th

Independence Day July 4th Labor Day First Monday in September

Columbus Day Second Monday in October Veterans’ Day November 11th

Thanksgiving Day Fourth Thursday in November Christmas Day December 25th

If the date falls on a Saturday, the Government holiday is the preceding Friday. If the date falls on a Sunday, the Government holiday is the following Monday. In addition to the days designated above as holidays, the Government may observe additional days in accordance with 5 USC 6103.

mailto:IPPCustomerSupport@fms.treas.gov mailto:COD.HELP@usda.gov

SECTION II: INSTRUCTION TO OFFERORS

Proposal Submission Instructions

The offeror shall submit quotes via email to kerrie.hodges@usda.gov and with a subject line of “Quote for Solicitation 1232SA25Q0813”, for receipt no later than 09/19/2025 at 5:00 PM PT.

Please submit questions to kerrie.hodges@usda.gov no later than 09/17/2025 at 12:00 PM PT, noon. The quote shall be good for a period of 30 calendar days from the date specified in the solicitation for quote submission. Submission of a quote that does not contain all CLINS and items requested below may result in elimination from consideration for award.

Responses must include the following items:

Cover Page: The Cover Page shall include the offeror’s name, point of contact, address, telephone number, e- mail address, solicitation number, and offeror’s SAM UEI number.

Additionally, a signed acknowledgement of amendments (applicable only if any amendments are issued against this solicitation). The information contained in the cover page shall not be included in the technical section submittal.

Technical Specifications Section: The Technical Specification Section shall address the information required in the Technical Specifications factor. This submittal should be specific, detailed, and complete enough to demonstrate clear and full understanding of the requirements and inherent problems associated with the objectives of this procurement. A proposal which merely paraphrase the requirements of the Government’s Statement of Work or use such phrases such as “standard procedures will be employed” and “well-known techniques will be used” will be considered unacceptable and may not be considered further.

Completed copy of FAR Provision 52.212-3: The offeror must provide a completed FAR Provision 52.212-3 and include it as an attachment.

Pricing Section: The offeror must provide pricing as outline in Section 9: Pricing above. Pricing must be submitted for all CLINs to be considered responsive. No pricing information shall be submitted with the Technical Specification Section. Any technical information included in the Price Section submittal will not be considered.

Only the required minimum amount of information is requested to provide for proper evaluation.

Efforts should be made to keep quotes as brief as possible, concentrating on substantive information essential for proper evaluation. All information submitted shall be current as of the month this solicitation was issued and shall be specific and complete. The quote shall be prepared in a format compatible with PC and capable of being viewed using commonly available software such as Microsoft Office or Adobe Reader.

SECTION III: LIST OF ATTACHMENTS

Attachment No. Description

1 Statement of Work 2 Wage Determination mailto:kerrie.hodges@usda.gov mailto:kerrie.hodges@usda.gov

Section IV – Solicitation Provisions

Included by Reference:

FAR 52.204-7 -- System for Award Management (Nov 2024)

FAR 52.204-16 -- Commercial and Government Entity Code Reporting (Aug 2020)

FAR 52.204-22 -- Alternative Line Item Proposal (Jan 2017)

FAR 52.212-1 -- Instructions to Offerors – Commercial Products and Commercial Services (Sep 2023)

Included by Full Text:

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a)Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b)Prohibition.

(1)Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

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

(2)Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

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

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

(c)Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d)Representation. The Offeror represents that—

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

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

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

(e)Disclosures.

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

(i)For covered equipment— https://www.sam.gov/

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

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

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

(ii)For covered services—

(A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

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

(i)For covered equipment—

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

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

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

(ii)For covered services—

(A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B)If not associated with maintenance, the PSC of the service being provided;

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

(End of provision)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (FEB 2016)

(a)As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–

(1)Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2)Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b)The Offeror represents that–

(1)It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2)It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

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

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

Technical capability and Price

Technical is approximately equal to cost or price.

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

(End of Provision)

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (MAY 2024) (DEVIATION FEB 2025)

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

(a) Definitions. As used in this provision—

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

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

Forced or indentured child labor means all work or service—

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=a3e2a50fef91c7697a4bf2c9b87b7f81&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=968a5b4de9973418d4e70b996d5b2a1b&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f913668b813a3528a8f5dc53083c0cbf&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=d37e715123e7e1f1ad30a775ab975c2d&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/uscode/text/6/395#b 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9999, except—

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically— https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=814cf055e11e68c0b9881144a0be5aba&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=4bcb6f2f2be5dbc175fd9e8734a41145&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=814cf055e11e68c0b9881144a0be5aba&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=814cf055e11e68c0b9881144a0be5aba&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 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(i) To restrict the free flow of unbiased information in Iran; or

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business (SDVOSB)concern means a small business concern—

(1)

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

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

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small business concern—(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that— https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=b1fec257bbbf9339978b0004042258d1&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=b1fec257bbbf9339978b0004042258d1&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=814cf055e11e68c0b9881144a0be5aba&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/topn/international_emergency_economic_powers_act https://www.law.cornell.edu/uscode/text/50/1702#b_3 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https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f913668b813a3528a8f5dc53083c0cbf&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/uscode/text/38/101#2 https://www.law.cornell.edu/uscode/text/38/101#2 https://www.law.cornell.edu/uscode/text/38/101#16 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f364ccb08f59f36ccd96eca357875341&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=b80e8e7ceeec75f7ce2a2f1522ad64dc&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=5ee6b9176ae0d5dfb357e67ba982822b&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 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https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=5ee6b9176ae0d5dfb357e67ba982822b&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=9f11d38a6ede73b23749687e6112b48b&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=398fe4d1b3a4661b7c22f21c9ec04304&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/cfr/text/13/part-121 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=b9ebe6eba40235c53847f07301420dfa&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f913668b813a3528a8f5dc53083c0cbf&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/cfr/text/13/121.103 https://www.law.cornell.edu/cfr/text/13/121.103 https://www.law.cornell.edu/cfr/text/13/124.1001 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c3ad1b92e642fc7f144bdcb9c76c9c71&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c3ad1b92e642fc7f144bdcb9c76c9c71&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1467722d4b610595770f70b03e238116&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;

and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally…