W15QKN23Q5133_Solicitation_Amherst NY.pdf

SEE ADDENDUM

(No Collect Calls)

W15QKN23Q5133 03-Oct-2023

b. TELEPHONE NUMBER

609-562-2093

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 14 Nov 2023

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

DEBORAH TERRELL

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

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

0012013633

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 W56D5Q 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

AMHERST USAR CENTER

99TH READINESS DIVISION

100 NORTH FOREST ROAD

AMHERST NY 14221-5297

TEL: 814-836-4712 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$9,000,000

NAICS:

561790

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 OF76

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.

W15QKN23Q5133

Section SF 30 - BLOCK 14 CONTINUATION PAGE

INSTRUCTIONS TO OFFERORS

I. INSTRUCTIONS

1. The United States Army Contracting Command – New Jersey (ACC-NJ) has a requirement for Snow and Ice

Removal Services in support of the 99th Readiness Division (RD), Directorate of Public Works located at the following location:

Amherst USARC 100 North Forest Road, Amherst, NY 14221-5244

The project includes, but is not limited to, the contractor providing all plant, labor, equipment, tools, materials, supervision and transportation for Snow and Ice Removal Services identified and incorporated in the Performance

Work Statement (PWS).

2. Contractor must have an “Active” registration in System for Award Management (SAM) to be considered for award. To obtain information on SAM or to register with SAM visit the web site at: www.sam.gov

3. A site visit is not mandatory but it is highly recommended. In no event shall failure to inspect the site constitute grounds for a claim after contract award. The site visit will be held at Amherst USARC, 100 North Forest Road, Amherst, NY 14221-5244. The primary site visit will take place on November 1, 2023 at 10:00 AM EST and an alternate site visit will be conducted on November 3, 2023 at 10:00 AM EST. Only one site visit is required.

The site visit request must be coordinated via email with the Regional Facility Operations Specialist (RFOS), Scott

Kawski at scott.w.kawski.civ@army.mil and copy the Contract Specialist, Deborah E. Terrell deborah.e.terrell.civ.mil@army.mil and the Contracting Officer, Sharon Wilson-Emmons at sharon.wilson-emmons.civ@army.mil and the Area Facility Operations Specialist (AFOS), Crystal Records at crystal.l.records.ctr@army.mil. The site visit will be conducted with Crystal Records and she can be reached only on the day of the site visits at (716) 275-4317.

4. Questions shall be emailed to the Contract Specialist, Deborah E. Terrell at deborah.e.terrell.civ@army.mil AND the Contracting Officer, Sharon Wilson-Emmons at sharon.wilson-emmons.civ@army.mil no later than

November 7, 11:00 AM EST. Questions must specify the section or paragraph of the Performance Work

Statement (PWS) for which the clarification is desired.

5. SUBMISSION OF OFFERS:

**IMPORTANT INFORMATION: This contract is a firm fixed price contract. Equitable adjustments due to unforeseen inflation in the option will not be applicable to this action after contract award. It is the offerors responsibility to account for projected out year inflation, as necessary, when submitting their quote/proposal. This a base year contract with 5 option years. The Government has the unliteral right to exercise these options. Failure to accept an option offered by the Government, may be grounds for termination for cause and negative past performance into CPARS.

a. Contractor offers shall be submitted via email to Deborah E. Terrell at deborah.e.terrell.civ@army.mil

AND Sharon Wilson-Emmons at sharon.wilson-emmons.civ@army.mil. Please request a delivery and read receipt upon submitting your quote.

b. All offers shall include the following:

1. Pricing: Pricing for all Contract Line Item Numbers (CLINs). The unit price and total price must be included on the Standard Form 1449 (solicitation).

http://www.sam.gov/ mailto:scott.w.kawski.civ@army.mil mailto:deborah.e.terrell.civ.mil@army.mil mailto:sharon.wilson-emmons.civ@army.mil mailto:sharon.wilson-emmons.civ@army.mil mailto:crystal.l.records.ctr@army.mil mailto:deborah.e.terrell.civ@army.mil mailto:deborah.e.terrell.civ@army.mil mailto:sharon.wilson-emmons.civ@army.mil

2. Complete sections 17a, 30a, 30b and 30c of the SF1449 as well as signing and acknowledging any amendments. In doing so, the offeror accedes to the contract terms and conditions as written in the solicitation.

3. Capability Statement must include Unique Entity Identification (UEI), CAGE Code, Tax

Identification Number, and the business-size standard under NAICS 561790 – Other Services to

Buildings and Dwellings, and a description of your ability to perform the services. The Capability

Statement must also include any subcontracting, and all equipment available to perform the services.

4. If you are utilizing a subcontractor to perform the services, you must identify the subcontractor and the percentage they will be performing. Failure to provide this information with your proposal may render your proposal unacceptable.

5. Copy of Insurance Certificate meeting minimum requirements identified in Federal Acquisition

Regulation Subpart 28.307-2

6. Complete FAR Clause 52.204-26 _Covered Telecommunications Equipment or Services--

Representation (DEC 2019) in Solicitation.

7. Complete FAR Clause 52.204-24 _Representation regarding certain telecommunications and video surveillance services or equipment in Solicitation.

6. All offers shall remain valid for 120 calendar days.

7. Multiple offers will not be accepted.

8. Attachment:

- Site Map

- Wage Determination

II. BASIS FOR AWARD / EVALUATION CRITERIA

1. The Government will award a contract resulting from this solicitation to the responsible, responsive offeror whose offer, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. The basis for award of any contract resulting from this solicitation will be the result of the evaluation of the factors of the responsible, responsive offer which conforms to the Performance Work Statement and this solicitation. The Government intends to award a single Firm Fixed Price (FFP) contract.

2. The Government intends to award a contract without discussions with respective offerors, so offerors should submit their best offer initially. The Government, however, reserves the right to conduct discussions if deemed in its best interest.

3. Award shall be made to a single contractor. Award will be made to the responsive, responsible offeror that meets the requirements of the Performance Work Statement and this solicitation.

A. PRICE:

1. Proposals will include unit prices for each line item listed and a total price, in order that proposals may be properly evaluated; completed SF1449 and any amendments.

2. The Government will evaluate offers for award purposes by adding the total price for all Contract Line

Item Numbers (CLIN) for the total evaluated price. In the event there is a difference between a unit price and the total CLIN amount, the unit price will be held as the intended price multiplied by the number of units. If the offeror shows only the total amount but fails to submit a unit price, the total CLIN amount divided by the quantity will be held as the intended price.

C. The Past Performance Information Retrieval System and Federal Awardee Performance & Integrity Information

Systems as well any other Government-sponsored information available may be utilized to help make a responsibility determination in accordance with FAR Subpart 9.104.

D. Failure to provide the requested information may deem the proposal Unacceptable and may not be eligible for award.

E. The Government will begin the evaluation process with a ranking based on the Total Evaluated Price from the lowest to highest price. Following the price ranking, only the lowest priced offeror(s) will be evaluated for technical acceptability under the non-price factor(s) according to the evaluation criteria set forth in paragraph 3 of this section.

If acceptable, the evaluation will stop at that point and award will be made to the lowest offeror. If unacceptable, the

Government will continue to review proposals in order of price until evaluating one that is technically acceptable and eligible for award. The Government reserves the right to conduct additional evaluations as deemed necessary.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 10 Each

BY-SNOW REMOVAL 3" - 6"-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

PURCHASE REQUEST NUMBER: 0012013633

PSC CD: S218

NET AMT

0002 5 Each

BY-SNOW REMOVAL 6" - 10"-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

0003 3 Each

BY-SNOW REMOVAL 10" - 14"-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

0004 2 Each

BY-SNOW REMOVAL 14" +-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

0005 20 Each

BY-ICE MELT AND SAND-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

0006 20 Each

BY-CLEAR SIDEWALKS-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

0007 2 Each

BY-SAND/SALT BARRELS-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

1001 8 Each

OPTION OY1-SNOW REMOVAL 3" - 6"-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

1002 5 Each

OPTION OY1-SNOW REMOVAL 6" - 10"-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

1003 3 Each

OPTION OY1-SNOW REMOVAL 10" - 14"-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

1004 2 Each

OPTION OY1-SNOW REMOVAL 14" +-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

1005 20 Each

OPTION OY1-ICE MELT AND SAND-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

1006 20 Each

OPTION OY1-CLEAR SIDEWALKS-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

1007 2 Each

OPTION OY1-SAND/SALT BARRELS-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

2001 8 Each

OPTION OY2-SNOW REMOVAL 3" - 6"-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

2002 5 Each

OPTION OY2-SNOW REMOVAL 6" - 10"-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

2003 3 Each

OPTION OY2-SNOW REMOVAL 10" - 14"-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

2004 2 Each

OPTION OY2-SNOW REMOVAL 14" +-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

2005 20 Each

OPTION OY2-ICE MELT AND SAND-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

2006 20 Each

OPTION OY2-CLEAR SIDEWALKS-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

2007 2 Each

OPTION OY2-SAND/SALT BARRELS-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

3001 8 Each

OPTION OY3-SNOW REMOVAL 3" - 6"-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

3002 5 Each

OPTION OY3-SNOW REMOVAL 6" - 10"-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

3003 3 Each

OPTION OY3-SNOW REMOVAL 10" - 14"-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

3004 2 Each

OPTION OY3-SNOW REMOVAL 14" +-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

3005 20 Each

OPTION OY3-ICE MELT AND SAND-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

3006 20 Each

OPTION OY3-CLEAR SIDEWALKS-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

3007 2 Each

OPTION OY3-SAND/SALT BARRELS-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

4001 8 Each

OPTION OY4-SNOW REMOVAL 3" - 6"-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

4002 5 Each

OPTION OY4-SNOW REMOVAL 6" - 10"-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

4003 3 Each

OPTION OY4-SNOW REMOVAL 10" - 14"-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

4004 2 Each

OPTION OY4-SNOW REMOVAL 14" +-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

4005 20 Each

OPTION OY4-ICE MELT AND SAND-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

4006 20 Each

OPTION OY4-CLEAR SIDEWALKS-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4007 2 Each

OPTION OY4-SAND/SALT BARRELS-NY010

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at AMHERST USARC -

100 NORTH FOREST ROAD AMHERST NY 14221-5244 in accordance with the performance work statement.

FOB: Destination

PURCHASE REQUEST NUMBER: 0012013633

PSC CD: S218

NET AMT

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

0005 Destination Government Destination Government

0006 Destination Government Destination Government

0007 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

1003 Destination Government Destination Government

1004 Destination Government Destination Government

1005 Destination Government Destination Government

1006 Destination Government Destination Government

1007 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

2003 Destination Government Destination Government

2004 Destination Government Destination Government

2005 Destination Government Destination Government

2006 Destination Government Destination Government

2007 Destination Government Destination Government

3001 Destination Government Destination Government

3002 Destination Government Destination Government

3003 Destination Government Destination Government

3004 Destination Government Destination Government

3005 Destination Government Destination Government

3006 Destination Government Destination Government

3007 Destination Government Destination Government

4001 Destination Government Destination Government

4002 Destination Government Destination Government

4003 Destination Government Destination Government

4004 Destination Government Destination Government

4005 Destination Government Destination Government

4006 Destination Government Destination Government

4007 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-MAR-2024 TO

28-FEB-2025

N/A AMHERST USAR CENTER

99TH READINESS DIVISION

100 NORTH FOREST ROAD

AMHERST NY 14221-5297

814-836-4712

FOB: Destination

W56D5Q

0002 POP 01-MAR-2024 TO

28-FEB-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

0003 POP 01-MAR-2024 TO

28-FEB-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

0004 POP 01-MAR-2024 TO

28-FEB-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

0005 POP 01-MAR-2024 TO

28-FEB-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

0006 POP 01-MAR-2024 TO

28-FEB-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

0007 POP 01-MAR-2024 TO

28-FEB-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

1001 POP 01-MAR-2025 TO

28-FEB-2026

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

1002 POP 01-MAR-2025 TO

28-FEB-2026

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

1003 POP 01-MAR-2025 TO

28-FEB-2026

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

1004 POP 01-MAR-2025 TO

28-FEB-2026

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

1005 POP 01-MAR-2025 TO

28-FEB-2026

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

1006 POP 01-MAR-2025 TO

28-FEB-2026

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

1007 POP 01-MAR-2025 TO

28-FEB-2026

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

2001 POP 01-MAR-2026 TO

28-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

2002 POP 01-MAR-2026 TO

28-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

2003 POP 01-MAR-2026 TO

28-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

2004 POP 01-MAR-2026 TO

28-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

2005 POP 01-MAR-2026 TO

28-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

2006 POP 01-MAR-2026 TO

28-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

2007 POP 01-MAR-2026 TO

28-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

3001 POP 01-MAR-2027 TO

28-FEB-2028

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

3002 POP 01-MAR-2027 TO

28-FEB-2028

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

3003 POP 01-MAR-2027 TO

28-FEB-2028

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

3004 POP 01-MAR-2027 TO

28-FEB-2028

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

3005 POP 01-MAR-2027 TO

28-FEB-2028

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

3006 POP 01-MAR-2027 TO

28-FEB-2028

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

3007 POP 01-MAR-2027 TO

28-FEB-2028

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

4001 POP 01-MAR-2028 TO

28-FEB-2029

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

4002 POP 01-MAR-2028 TO

28-FEB-2029

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

4003 POP 01-MAR-2028 TO

28-FEB-2029

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

4004 POP 01-MAR-2028 TO

28-FEB-2029

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

4005 POP 01-MAR-2028 TO

28-FEB-2029

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

4006 POP 01-MAR-2028 TO

28-FEB-2029

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

4007 POP 01-MAR-2028 TO

28-FEB-2029

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W56D5Q

CLAUSES INCORPORATED BY REFERENCE

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-3 Taxpayer Identification OCT 1998

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

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

NOV 2021

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

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

Commercial Services

DEC 2022

52.217-5 Evaluation Of Options JUL 1990

52.222-22 Previous Contracts And Compliance Reports FEB 1999

52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020

52.222-50 Combating Trafficking in Persons NOV 2021

52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.223-1 Biobased Product Certification MAY 2012

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

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

52.232-8 Discounts For Prompt Payment FEB 2002

52.232-11 Extras APR 1984

52.232-23 Assignment Of Claims MAY 2014

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-1 Site Visit APR 1984

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.247-34 F.O.B. Destination NOV 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022

252.203-7003 Agency Office of the Inspector General AUG 2019

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023

252.204-7006 Billing Instructions--Cost Vouchers MAY 2023

252.204-7007 Alternate A, Annual Representations and Certifications MAY 2021

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

252.209-7002 Disclosure of Ownership or Control by a Foreign Government DEC 2022

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

252.209-7008 Notice of Prohibition Relating to Organizational Conflict of

Interest--Major Defense Acquisition Program

DEC 2010

252.209-7998 (Dev) Representation Regarding Conviction of a Felony Criminal

Violation under any Federal or State Law

MAR 2012

252.209-7999 (Dev) Representation by Corporations Regarding an Unpaid

Delinquent Tax Liability or a Felony Conviction under any

Federal Law (Deviation)

JAN 2012

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

Hazardous Materials

SEP 2014

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7007 Limitation Of Government's Obligation APR 2014

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

CLAUSES INCORPORATED 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 and 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

(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.

(End of provision) https://www.sam.gov/

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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

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-https://www.sam.gov/

(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 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…