SOLICITATION - W15QKN-24-Q-5092.pdf

SEE ADDENDUM

(No Collect Calls)

W15QKN24Q5092 07-May-2024

b. TELEPHONE NUMBER

609-562-7036

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 22 May 2024

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

0012100187

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

4600 FOXTAIL PLACE

WHITE PLAINS, MD NJ 20695

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$9,500,000

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 OF60

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.

W15QKN24Q5092

Section SF 30 - BLOCK 14 CONTINUATION PAGE

INSTRUCTIONS TO OFFERORS

THIS REQUIREMENT IS SET-ASIDE 100% FOR SMALL BUSINESS CONCERNS.

REQUIREMENT IS SUBJECT TO THE AVAILABILITY OF FUNDS IN

ACCORDANCE WITH FAR 52.232-18.

1. The purpose of this solicitation is to procure Grounds Maintenance Services in support of the 99th Readiness Division. Services shall be performed at the White Plains USARC, 4600 Foxtail Place, White Plains, MD 20695 (MD066).

2. 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 award.

3. The Offeror must be registered in the System for Award Management (SAM) in order to be eligible to receive contract award. If you need to register in SAM, go to https://www.sam.gov/.

4. See Federal Acquisition Regulations (FAR) clause 52.212-1, "Instruction to Offeror --

Commercial Items" and FAR 52.212-1, Addendum for additional information.

5. See FAR clause 52.212-2, “Evaluation -- Commercial Items” and FAR 52.212-2, Addendum for additional information and for evaluation criteria.

6. See FAR provision 52.204-24, “Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment,” FAR clause 52.204-25, “Prohibition on Contracting for Certain Telecommunications and Video Surveillance Service or Equipment” and FAR provision 52.204-26, “Covered Telecommunications Equipment or Services- Representation.” 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 provision and clauses are included within this solicitation in full text. When submitting a response to this solicitation, FAR provision 52.204- 24 and FAR clause 52.204- 26 shall be completed and included by the Offeror.

7. A site visit is highly encouraged. All requests to attend a site visits shall be submitted via e-mail at least 24 hours prior to the scheduled site visit date and time to the following: Glenn R.

Umberger, Regional Facilities Operations Specialist via e-mail:

glenn.r.umberger.civ@army.mil, and Nathan L. Rigney, Area Facilities Operations Specialist via e-mail:, nathan.l.rigney.ctr@army.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. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Site Visit(s):

a. Primary Site Visit:

i. 14 May 2024, at 11:00 AM EST (Ante Meridian) (Eastern Standard Time)

b. Alternate Site Visit:

ii. 15 May 2024, at 11:00AM EST

8. Questions regarding this solicitation shall be submitted in writing via e-mail no later than 1:00 PM EST on 16 May 2024, to both, Ronald M. Stinson, Contract Specialist, e-mail:

ronald.m.stinson.civ@army.mil and Amber L. Mears, Contracting Officer, e-mail:

amber.l.mears.civ@army.mil.

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: Ronald Stinson, Contract Specialist at ronald.m.stinson.civ@army.mil, and Amber L. Mears, Contracting Officer, e-mail: amber.l.mears.civ@army.mil. Updates to this solicitation will be posted on the SAM website (www.sam.gov/). 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-24-Q-5092 (SUCH AS E-MAIL

DELIVERY ONLY).

(b) Offeror(s) shall provide with their offer, 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(s) shall submit a signed Standard Form (SF) 1449 (Blocks 30a and 30b).

(d) Offeror(s) shall provide a price for all FFP Contract Line Item Number (CLIN) for the base period and option periods on the SF 1449 Continuation Sheets of the solicitation.

(e) Pricing for each CLIN shall be submitted in the proper format. The proper format consists of QUANTITY times (x) UNIT PRICE equals (=) 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) Offerors shall submit with their offer, their valid Certificate of Insurance, as prime contractor, in accordance with the requirements and applicable insurance amounts set forth within the solicitation at FAR clause 52.228-5, “Insurance – Work on a Government Installation,” and “Insurance Requirements.”

(g) Offerors shall provide their UEID Number, CAGE Code, Federal Tax Identification Number and any small business preference or socioeconomic designations (8a Certified, HUBZone Certified, WOSB, etc.) that are applicable to this NAICS Code stated at Block 10 of this SF 1449.

(h) Offeror shall complete all “fill-ins” in provisions and clauses that apply and include with submission response to this solicitation.

(i) Failure to provide any applicable information required by this solicitation may result in the Offeror being deemed non-responsive and ineligible for award.

10. All services shall be performed in accordance with the Performance Work Statement (PWS).

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

12. Attachment(s):

Attachment 0001 - FY24 - PWS - Grounds Maintenance - MD006 Attachment 0002 - MD066_GROUNDSMAINTENANCEMAP_20231026 Attachment 0003 - SCA Wage Determination 2015-4281 - Rev 28 - Dated 26 DEC 2023

CONTRACT ADMINISTRATION

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 Amber L. Mears Phone: 609-562-2567 Email: amber.l.mears.civ@army.mil

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

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

4. SERVICE LOCATION:

White Plains USARC, 4600 Foxtail Place, White Plains, MD 20695

5. CONTRACTOR INFORMATION:

Name: TBD Phone: TBD Email: TBD

ACC-NJ LOCAL NARRATIVES

HQ AMC LEVEL PROTEST

HQ AMC-level Protest

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@army.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.

UNIT PRICE INFORMATION

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.

REQUIRED INSURANCE

REQUIRED INSURANCE

In accordance with FAR 28.307-2, the Prime 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.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 18 Each

BY - MOWING - MD066

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Bowie USARC, 4600 Foxtail Place White Plains, MD 20695 in accordance with the performance work statement.

FOB: Destination

PURCHASE REQUEST NUMBER: 0012100187

PSC CD: S208

NET AMT

0002 2 Each

BY - EDGING - MD066

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Bowie USARC, 4600 Foxtail Place White Plains, MD 20695 in accordance with the performance work statement.

FOB: Destination

0003 9 Each

BY - TRIMMING - MD066

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Bowie USARC, 4600 Foxtail Place White Plains, MD 20695 in accordance with the performance work statement.

FOB: Destination

0004 2 Each

BY - SPRING/FALL CLEANUP - MD066

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Bowie USARC, 4600 Foxtail Place White Plains, MD 20695 in accordance with the performance work statement.

FOB: Destination

0005 2 Each

BY - MAINTAIN RENTION PONDS - MD066

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Bowie USARC, 4600 Foxtail Place White Plains, MD 20695 in accordance with the performance work statement.

FOB: Destination

1001 18 Each

OPTION OY1 - MOWING - MD066

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Bowie USARC, 4600 Foxtail Place White Plains, MD 20695 in accordance with the performance work statement.

FOB: Destination

1002 2 Each

OPTION OY1 - EDGING - MD066

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Bowie USARC, 4600 Foxtail Place White Plains, MD 20695 in accordance with the performance work statement.

FOB: Destination

1003 9 Each

OPTION OY1 - TRIMMING - MD066

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Bowie USARC, 4600 Foxtail Place White Plains, MD 20695 in accordance with the performance work statement.

FOB: Destination

1004 2 Each

OPTION OY1 - SPRING/FALL CLEANUP - MD066

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Bowie USARC, 4600 Foxtail Place White Plains, MD 20695 in accordance with the performance work statement.

FOB: Destination

1005 2 Each

OPTION OY1 - MAINTAIN RETENTION PONDS - MD066

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Bowie USARC, 4600 Foxtail Place White Plains, MD 20695 in accordance with the performance work statement.

FOB: Destination

2001 18 Each

OPTION OY2 - MOWING - MD066

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Bowie USARC, 4600 Foxtail Place White Plains, MD 20695 in accordance with the performance work statement.

FOB: Destination

2002 2 Each

OPTION OY2 - EDGING - MD066

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Bowie USARC, 4600 Foxtail Place White Plains, MD 20695 in accordance with the performance work statement.

FOB: Destination

2003 9 Each

OPTION OY2 - TRIMMING - MD066

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Bowie USARC, 4600 Foxtail Place White Plains, MD 20695 in accordance with the performance work statement.

FOB: Destination

2004 2 Each

OPTION OY2 - SPRING/FALL CLEANUP - MD066

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Bowie USARC, 4600 Foxtail Place White Plains, MD 20695 in accordance with the performance work statement.

FOB: Destination

2005 2 Each

OPTION OY2 - MAINTAIN RETENTION PONDS - MD066

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Bowie USARC, 4600 Foxtail Place White Plains, MD 20695 in accordance with the performance work statement.

FOB: Destination

3001 18 Each

OPTION OY3 - MOWING - MD066

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Bowie USARC, 4600 Foxtail Place White Plains, MD 20695 in accordance with the performance work statement.

FOB: Destination

3002 2 Each

OPTION OY3 - EDGING - MD066

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Bowie USARC, 4600 Foxtail Place White Plains, MD 20695 in accordance with the performance work statement.

FOB: Destination

3003 9 Each

OPTION OY3 - TRIMMING - MD066

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Bowie USARC, 4600 Foxtail Place White Plains, MD 20695 in accordance with the performance work statement.

FOB: Destination

3004 2 Each

OPTION OY3 - SPRING/FALL CLEANUP - MD066

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Bowie USARC, 4600 Foxtail Place White Plains, MD 20695 in accordance with the performance work statement.

FOB: Destination

3005 2 Each

OPTION OY3 - MAINTAIN RETENTION PONDS - MD066

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Bowie USARC, 4600 Foxtail Place White Plains, MD 20695 in accordance with the performance work statement.

FOB: Destination

4001 18 Each

OPTION OY4 - MOWING - MD066

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Bowie USARC, 4600 Foxtail Place White Plains, MD 20695 in accordance with the performance work statement.

FOB: Destination

4002 2 Each

OPTION OY4 - EDGING - MD066

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Bowie USARC, 4600 Foxtail Place White Plains, MD 20695 in accordance with the performance work statement.

FOB: Destination

4003 9 Each

OPTION OY4 - TRIMMING - MD066

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Bowie USARC, 4600 Foxtail Place White Plains, MD 20695 in accordance with the performance work statement.

FOB: Destination

4004 2 Each

OPTION OY4 - SPRING/FALL CLEANUP - MD066

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Bowie USARC, 4600 Foxtail Place White Plains, MD 20695 in accordance with the performance work statement.

FOB: Destination

4005 2 Each

OPTION OY4 - MAINTAIN RETENTION PONDS - MD066

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Bowie USARC, 4600 Foxtail Place White Plains, MD 20695 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 0005 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 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 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 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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 12-JUN-2024 TO

11-JUN-2025

N/A 99TH READINESS DIVISION

99TH READINESS DIVISION

4600 FOXTAIL PLACE

WHITE PLAINS, MD NJ 20695

FOB: Destination

W25AZP

0002 POP 12-JUN-2024 TO

11-JUN-2025

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 12-JUN-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 12-JUN-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 12-JUN-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 12-JUN-2025 TO

11-JUN-2026

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 12-JUN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 12-JUN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 12-JUN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 12-JUN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 12-JUN-2026 TO

11-JUN-2027

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 12-JUN-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 12-JUN-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 12-JUN-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 12-JUN-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 12-JUN-2027 TO

11-JUN-2028

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 12-JUN-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 12-JUN-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 12-JUN-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 12-JUN-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 12-JUN-2028 TO

11-JUN-2029

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 12-JUN-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 12-JUN-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 12-JUN-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

4005 POP 12-JUN-2028 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

52.204-7 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 52.204-17 Ownership or Control of Offeror 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 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.204-22 Alternative Line Item Proposal JAN 2017

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

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

SEP 2023

52.212-2 Evaluation - Commercial Items NOV 2021 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2023

52.215-1 Instructions to Offerors--Competitive Acquisition NOV 2021 52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.222-25 Affirmative Action Compliance APR 1984 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

52.225-25 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 52.232-18 Availability Of Funds APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 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

52.242-15 Stop-Work Order AUG 1989 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

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 DEC 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 NOV 2023 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

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

JAN 2023

252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data

JAN 2023

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors

JAN 2023

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

252.232-7010 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

NOV 2023

252.247-7023 Transportation of Supplies by Sea 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.

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

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.

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

COMMERCIAL SERVICES (FEB 2024)

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

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

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

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

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

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

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

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

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

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

"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 (SDVOSB) concern" means a small business concern—

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

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

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

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

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

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

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

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

"Small business concern"--

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

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

"Small disadvantaged business concern, consistent with 13 CFR 124.1001", means a small business concern under the size standard applicable to the acquisition, that--

(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…