W15QKN-21-Q-5070 (RELEASED).pdf

SEE ADDENDUM

(No Collect Calls)

W15QKN21Q5070 03-Mar-2021

b. TELEPHONE NUMBER

609-562-7036

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 18 Mar 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W15QKN9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

RONALD M. STINSON

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011592557

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

US ARMY CONTRACTING COMMAND

5418 S. SCOTT PLAZA

JOINT BASE MDL NJ 08640

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W25AZP 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

99TH READINESS DIVISION

99TH READINESS DIVISION

120 PINE MOUNTAIN RD.

LOCK HAVEN PA NJ 17745

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

561730

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF57

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W15QKN21Q5070

Section SF 30 - BLOCK 14 CONTINUATION PAGE

INSTRUCTIONS TO OFFEROR

THIS REQUIREMENT IS SUBJECT TO THE AVAILABILITY OF FUNDS IN ACCORDANCE WITH

FAR 52.232-18, AND IS SET ASIDE 100% FOR SMALL BUSINESS

1. Solicitation number W15QKN-21-Q-5070 for Grounds Maintenance Services in Lock Haven, PA (PA060) is being solicited, utilizing procedures set forth in Federal Acquisition Regulation (FAR) Part 12 (Acquisition for Commercial Items) and FAR Part 13 (Simplified Acquisition Procedures).

2. The purpose of this Solicitation is to procure Grounds Maintenance Services in support of the 99th Readiness Division (RD) at the Clinton County Memorial USARC/AMSA #112(G), 120 Pine Mountain Road, Lock Haven, PA 17745 (PA060). The contractor shall provide all personnel, supplies, supervision, tools, materials, equipment, transportation and other items and non-personal services necessary to provide grounds maintenance services in accordance with the Performance Work Statement (PWS) and Site Map labeled as “Attachment 0002 - MAP

PA060_GROUNDSMAINTENANCE_MAY2020”.

The North American Industry Classification System (NAICS) code that applies to the principal nature of the acquisition is 561730 – Landscaping Services - Size Standard of $8,000,000.00.

3. The Government intends to award a single, Firm,-Fixed-Price (FFP) contract. The period of performance for this effort shall be a 12-month base period and four, 12-month option periods from date of contract award.

4. The Offeror must be registered in the System for Award Management (SAM) in order to be eligible to receive a Department of Defense contract award. If you need to register in SAM, go to https://www.sam.gov, and or beta.sam.gov/.

5. See Federal Acquisition Regulation (FAR) Clause 52.212-1, "Instructions to Offerors -- Commercial Items" and FAR 52.212-1, Addendum for additional information.

6. See FAR Clause 52.212-2, “Evaluation – Commercial Items” and FAR 52.212-2, Addendum for additional information and evaluation criteria.

7. A site visit is HIGHLY ENCOURAGED. All notifications to attend shall be submitted via e-mail at least 24 hours prior to the scheduled Site Visit date/time to the following:, Glenn Umberger, Regional Facilities Operations Specialist (RFOS) at glenn.r.umberger.civ@mail.mil, and George Henry, Area Facility Operations Specialist (AFOS) at george.w.henry6.ctr@mail.mil. Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. If you cannot reach the RFOS and AFOS for a site visit please contact both Ronald Stinson, Contract Specialist at ronald.m.stinson.civ@mail.mil , Anthony Pavese, Contracting Officer at anthony.r.pavese.civ@mail.mil

Site Visits are available at the following date(s)/time(s):

Address: Clinton County Memorial USARC/AMSA #112(G), 120 Pine Mountain Road, Lock Haven, PA 17745

a. Primary Site Visit:

i. _09 March_____2021___ at __10__ AM (Ante Meridian) EST (Eastern Standard Time)

b. Alternate Site Visit:

i. _11 March____ 2021_____ at _10___ AM (Ante Meridian) EST (Eastern Standard Time)

All notifications to attend a visit shall be submitted via e-mail at least 24 hours prior to the scheduled Site

8. All inquiries and questions regarding this solicitation shall be submitted via email no later than __10AM____ EST on __12 March___ 2021___ to BOTH Ronald Stinson, Contract Specialist at ronald.m.stinson.civ@mail.mil , and Anthony Pavese, Contracting Officer at anthony.r.pavese.civ@mail.mil during the solicitation phase of this requirement. Inquires/questions shall only be submitted via email to the Contracting Officer and Contract Specialist during the solicitation phase of this requirement. Do not send questions/inquires to the COR during the solicitation phase.

9. COMPLETING A QUOTE FOR SUBMITTAL

a. Quotes are due no later than the date and time listed in Standard Form (SF) 1449, Block 8 and shall be submitted via email to BOTH: ONLY Ronald Stinson, Contract Specialist at ronald.m.stinson.civ@mail.mil , Anthony Pavese, Contracting Officer at anthony.r.pavese.civ@mail.mil.

Local time for this requirement is Eastern Standard Time (EST). No other forms of delivery proposal will be accepted or reviewed by the Government other than those delivered by means expressed in Solicitation

W15QKN-21-Q-5070 (SUCH AS E-MAIL DELIVERY ONLY.)

b. The Offeror shall provide the name, title, address, email address and telephone number of the company/division point of contact regarding business decisions made with respect to the proposal and who can contractually obligate the company.

c. Offeror shall submit a signed SF 1449 (Blocks 30a, 30b and 30c). In addition, the contractor shall sign and acknowledge any solicitation amendments. In doing so, the Offeror accedes to the contract terms and conditions as written in the Solicitation.

d. The Offeror shall provide a price for each FFP Contract Line Item Number (CLIN) for the base period and option periods on the SF1449 Continuation Sheets of the solicitation.

e. Pricing for each CLIN must be submitted in the proper format. The proper format consists of QUANTITY * UNIT PRICE = AMOUNT/NET AMOUNT. In the event there is a discrepancy in the calculation, the UNIT PRICE will be held to the intended price multiplied by the QUANTITY. If the offeror shows only the AMOUNT/NET AMOUNT, but fails to enter a UNIT PRICE, the AMOUNT/NET AMOUNT divided by the QUANTITY will be held to be the intended price.

f. Offeror should provide their DUNS number, CAGE code, Federal TIN and any small business preference or socioeconomic designations (8a certified, HUBZone Certified, WOSB, etc.) that are applicable to this NAICS Code, see block SF1449 Block 10.

g. See FAR 52.204-24, 52.204-25, and 52.204-26. As a result of interim FAR rule 2019-0009, published on 14 July 2020, and effective on 13 August 2020, Section 889(a)(1)(B) Prohibition on Contracting with Entities Using Certain Telecommunications and Video Surveillance Services or Equipment Clauses, these clauses are included in full text. When submitting proposal FAR clause 52.204-24, and 52.204-26 must be completed.

h. Offeror shall complete “fill-ins” in provisions and clauses that apply and submit along with the RFQ response. Failure to provide applicable information may result in the offeror being deemed non-responsive.

10. All services shall be performed in accordance with the PWS.

11. All offers shall remain valid for 120 calendar days from solicitation close date.

12. Attachment(s):

Attachment 0001 - PA060 PWS-Grounds Maintenance - FY21 - Rev 8 - DATED 2-11-21 Attachment 0002 – MAP PA060_GROUNDSMAINTENANCE_MAY2020 Attachment 0003 – SCA Wage Determination 2015-4249 - Rv 14 - Dated 21 DEC 2020

ADMINISTRATIVE INFORMATION

1. Inquiries concerning all contractual actions after award shall be directed first to the Contract Specialist. In my absence, please contact the Contracting Officer.

2. CHANGES: The Contract Specialist will incorporate all changes and other administrative actions to the contract as directed and authorized by the Contracting Officer.

3. POINTS OF CONTACT:

Contracting Officer Anthony R. Pavese Phone: 609-562-7300 Email: anthony.r.pavese.civ@mail.mil

Contract Specialist Ronald M. Stinson Phone: 609-562-7036 Email: ronald.m.stinson.civ@mail.mil

Government Point of Contact Regional Facility Operations Specialist (RFOS) Glenn R. Umberger Phone: 910-598-5638 Email: glenn.r.umberger.civ@mail.mil

4. SERVICE LOCATION:

Clinton County Memorial USARC/AMSA #112(G), 120 Pine Mountain Road, Loack Haven, PA 17745 (PA060)

5. REQUIREMENTS TYPE CONTRACT: The Contract Line Item Numbers (CLINs) established under this Requirements Type contract represent an estimated quantity and are not a representation that such quantities will be required or ordered. The conditions affecting this requirement will not be stable or normal.

6. CONTRACTOR INFORMATION:

Name: TBD Phone: TBD Email: TBD

ACC-NJ LOCAL NARRATIVES

52.228-4000 REQUIRED INSURANCE OCT/2010

In accordance with FAR 28.307-2, the Contractor is required to provide and maintain the kinds and minimum amounts of insurance stated below:

(a) Workers’ compensation and employer’s liability. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General liability.

(1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contracting officer shall require aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the contracting officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

DISCLOSURE OF UNIT PRICE INFORMATION

This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23, 1987), of our intention to release unit prices in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the contracting officer is notified of your objection to such posting prior to submission of initial proposals.

HQ AMC-LEVEL PROTEST PROGRAM

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103.

Send protests (other than protests to the contracting officer) to:

Address:

Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000

Fax: (256) 450-8840 Email: usarmy.redstone.usamc.mbx.protests@mail.mil

The AMC-level protest procedures are found at:

Web Address: http://www.amc.army.mil/amc/commandcounsel.html

If Internet access is not available contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.

LEVEL I ANTI-TERRORISM AWARENESS TRAINING REQUIREMENTS FOR CONTRACTOR

EMPLOYEES (OCT 2010)

(a) All contractor employees requiring access to any Federally-controlled facility and logical access to Federally controlled information systems except for “national security systems” as defined by 44 U.S.C. 3542(b)(2), should be certified in Level I Anti-Terrorism Training. The training is accessible from any computer with access to the World Wide Web and is available at https:/atlevel1.dtic.mil/at. The contractor is responsible for ensuring that the training has been satisfactorily completed and that valid certificates of completion have been submitted to the Contracting Officers Representative (COR) with a copy furnished to the Contracting Officer. The Certificates are valid for one year, therefore, training shall be completed every year for the duration of the contract.

(b) The term Federally-controlled facility is defined as:

(1) Federally-owned buildings or leased space, whether for single or multi-tenant occupancy, and its grounds and approaches, all or any portion of which is under the jurisdiction, custody or control of a department or agency;

(2) Federally-controlled commercial space shared with non-government tenants. For example, if a department or agency leased the 10th floor of a commercial building, the Directive applies to the 10th floor only;

(3) Government-owned, contractor-operated facilities, including laboratories engaged in national defense research and production activities; and

(4) Facilities under a management and operating contract, such as for the operation, maintenance, or support of a Government-owned or Government-controlled research, development, special production, or testing establishment.

(c) The term “Federally-controlled information system” means an information system (44 U.S.C. 3502(8)) used or operated by a Federal agency, or a contractor or other organization on behalf of the agency (44 U.S.C. 3544(a)).

(d) The term "contractor employee" includes employees, agents, students or student interns, or representatives and all employees, agents or representatives of all subcontractors and suppliers.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 16 Each BY - Mowing - PA060

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at CLINTON COUNTY MEM'L USARC (AMSA #112) 120 Pine Mountain Road Lock Haven, PA 17745 in accordance with the performance work statement.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011592557

PSC CD: S208

NET AMT

0002 8 Each BY - Trimming - PA060

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at CLINTON COUNTY MEM'L USARC (AMSA #112) 120 Pine Mountain Road Lock Haven, PA 17745 in accordance with the performance work statement.

FOB: Destination

0003 2 Each BY - Edging - PA060

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at CLINTON COUNTY MEM'L USARC (AMSA #112) 120 Pine Mountain Road Lock Haven, PA 17745 in accordance with the performance work statement.

FOB: Destination

0004 2 Each BY - Spring/Fall Cleanup - PA060

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at CLINTON COUNTY MEM'L USARC (AMSA #112) 120 Pine Mountain Road Lock Haven, PA 17745 in accordance with the performance work statement.

FOB: Destination

1001 16 Each OPTION OY1 - Mowing - PA060

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at CLINTON COUNTY MEM'L USARC (AMSA #112) 120 Pine Mountain Road Lock Haven, PA 17745 in accordance with the performance work statement.

FOB: Destination

1002 8 Each OPTION OY1 - Trimming - PA060

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at CLINTON COUNTY MEM'L USARC (AMSA #112) 120 Pine Mountain Road Lock Haven, PA 17745 in accordance with the performance work statement.

FOB: Destination

1003 2 Each OPTION OY1 - Edging - PA060

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at CLINTON COUNTY MEM'L USARC (AMSA #112) 120 Pine Mountain Road Lock Haven, PA 17745 in accordance with the performance work statement.

FOB: Destination

1004 2 Each OPTION OY1 - Spring/Fall Cleanup - PA060

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at CLINTON COUNTY MEM'L USARC (AMSA #112) 120 Pine Mountain Road Lock Haven, PA 17745 in accordance with the performance work statement.

FOB: Destination

2001 16 Each OPTION OY2 - Mowing - PA060

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at CLINTON COUNTY MEM'L USARC (AMSA #112) 120 Pine Mountain Road Lock Haven, PA 17745 in accordance with the performance work statement.

FOB: Destination

2002 8 Each OPTION OY2 - Trimming - PA060

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at CLINTON COUNTY MEM'L USARC (AMSA #112) 120 Pine Mountain Road Lock Haven, PA 17745 in accordance with the performance work statement.

FOB: Destination

2003 2 Each OPTION OY2 - Edging - PA060

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at CLINTON COUNTY MEM'L USARC (AMSA #112) 120 Pine Mountain Road Lock Haven, PA 17745 in accordance with the performance work statement.

FOB: Destination

2004 2 Each OPTION OY2 - Spring/Fall Cleanup - PA060

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at CLINTON COUNTY MEM'L USARC (AMSA #112) 120 Pine Mountain Road Lock Haven, PA 17745 in accordance with the performance work statement.

FOB: Destination

3001 16 Each OPTION OY3 - Mowing - PA060

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at CLINTON COUNTY MEM'L USARC (AMSA #112) 120 Pine Mountain Road Lock Haven, PA 17745 in accordance with the performance work statement.

FOB: Destination

3002 8 Each OPTION OY3 - Trimming - PA060

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at CLINTON COUNTY MEM'L USARC (AMSA #112) 120 Pine Mountain Road Lock Haven, PA 17745 in accordance with the performance work statement.

FOB: Destination

3003 2 Each OPTION OY3 - Edging - PA060

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at CLINTON COUNTY MEM'L USARC (AMSA #112) 120 Pine Mountain Road Lock Haven, PA 17745 in accordance with the performance work statement.

FOB: Destination

3004 2 Each OPTION OY3 - Spring/Fall Cleanup - PA060

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at CLINTON COUNTY MEM'L USARC (AMSA #112) 120 Pine Mountain Road Lock Haven, PA 17745 in accordance with the performance work statement.

FOB: Destination

4001 16 Each OPTION OY4 - Mowing - PA060

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at CLINTON COUNTY MEM'L USARC (AMSA #112) 120 Pine Mountain Road Lock Haven, PA 17745 in accordance with the performance work statement.

FOB: Destination

4002 8 Each OPTION OY4 - Trimming - PA060

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at CLINTON COUNTY MEM'L USARC (AMSA #112) 120 Pine Mountain Road Lock Haven, PA 17745 in accordance with the performance work statement.

FOB: Destination

4003 2 Each OPTION OY4 - Edging - PA060

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at CLINTON COUNTY MEM'L USARC (AMSA #112) 120 Pine Mountain Road Lock Haven, PA 17745 in accordance with the performance work statement.

FOB: Destination

4004 2 Each OPTION OY4 - Spring/Fall Cleanup - PA060

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at CLINTON COUNTY MEM'L USARC (AMSA #112) 120 Pine Mountain Road Lock Haven, PA 17745 in accordance with the performance work statement.

FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

0003 Destination Government Destination Government 0004 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 07-APR-2021 TO

06-APR-2022

N/A 99TH READINESS DIVISION

99TH READINESS DIVISION

120 PINE MOUNTAIN RD.

LOCK HAVEN PA NJ 17745

FOB: Destination

W25AZP

0002 POP 07-APR-2021 TO

06-APR-2022

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 07-APR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 07-APR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 07-APR-2022 TO

06-APR-2023

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 07-APR-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 07-APR-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 07-APR-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 07-APR-2023 TO

06-APR-2024

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 07-APR-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 07-APR-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 07-APR-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 07-APR-2024 TO

06-APR-2025

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 07-APR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 07-APR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 07-APR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 07-APR-2025 TO

06-APR-2026

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 07-APR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 07-APR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 07-APR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.204-20 Predecessor of Offeror AUG 2020 52.208-9 Contractor Use of Mandatory Sources of Supply or Services MAY 2014 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-2 Evaluation - Commercial Items OCT 2014 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

JUN 2020

52.217-5 Evaluation Of Options JUL 1990 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-4 Recovered Material Certification MAY 2008 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

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

JUN 2020

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-18 Availability Of Funds APR 1984 52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-2 Service Of Protest SEP 2006 52.233-3 Protest After Award AUG 1996 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-15 Stop-Work Order AUG 1989 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-25 Limitation Of Liability--Services FEB 1997 52.247-34 F.O.B. Destination NOV 1991 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7006 Billing Instructions OCT 2005

252.204-7007 Alternate A, Annual Representations and Certifications NOV 2020 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7010 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data

JUL 2019

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

JAN 2018

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

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

2020)

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

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

(c) Representations.

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

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

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

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

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

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

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

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

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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“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--

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

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

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

“Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--

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

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

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

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size 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 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

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

“Subsidiary” means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary,…