W58RGZ18R0081_0003.pdf

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ELECTRONICS INC. ALMEN STRIPS
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W58RGZ18R0081
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEM

Offeror To Complete Block 12, 17, 23, 24, & 30

1. Requisition Number Page Of

2. Contract No. 3. Award/Effective Date 4. Order Number 5. Solicitation Number 6. Solicitation Issue Date

7. For Solicitation Information Call:

A. Name B. Telephone Number (No Collect Calls) 8. Offer Due Date/Local Time

9. Issued By Code 10. This Acquisition is Unrestricted OR Set Aside: % For:

Small Business Women-Owned Small Business (WOSB) Eligible Under the Women-Owned Small Business Program

Hubzone Small Business EDWOSB

Service-Disabled Veteran-Owned Small Business NAICS:

Email: 8(A) Size Standard:

11. Delivery For FOB Destination Unless Block Is Marked

12. Discount Terms 13a. This Contract Is A Rated Order Under DPAS (15 CFR 700) 13b. Rating

See Schedule 14. Method Of Solicitation RFQ IFB RFP

15. Deliver To Code 16. Administered By Code

Telephone No.

17a. Contractor/Offeror Code Facility 18a. Payment Will Be Made By Code

Telephone No.

17b. Check If Remittance Is Different And Put Such

Address In Offer 18b. Submit Invoices To Address Shown In Block 18a Unless Block Below Is Checked

See Addendum 19.

Item No.

20.

Schedule Of Supplies/Services 21.

Quantity 22.

Unit 23.

Unit Price 24.

Amount

(Use Reverse and/or Attach Additional Sheets As Necessary)

25. Accounting And Appropriation Data 26. Total Award Amount (For Govt. Use Only)

27a.Solicitation Incorporates By Reference FAR 52.212-1, 52.212-4. FAR 52.212-3 And 52.212-5 Are Attached. Addenda Are 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.

28. Contractor Is Required To Sign This Document And Return _________ 29. Award Of Contract: Ref. Offer Copies to Issuing Office. Contractor Agrees To Furnish And Deliver All Items Set Forth Or Otherwise Identified Above And On Any Additional Sheets Subject To The Terms And Conditions Specified.

Dated . Your Offer On Solicitation (Block 5), Including Any Additions Or Changes Which Are Set Forth Herein, Is Accepted As To Items:

30a. Signature Of Offeror/Contractor 31a. United States Of America (Signature Of Contracting Officer)

30b. Name And Title Of Signer (Type Or Print) 30c. Date Signed 31b. Name Of Contracting Officer (Type Or Print) 31c. Date Signed

Authorized For Local Reproduction Previous Edition Is Not Usable

Standard Form 1449 (Rev. 2/2012) Prescribed By GSA-FAR (48 CFR) 53.212

W58RGZ-18-R-0081 2018MAY07

EUSTLENE E. BAILEY (OLD) (256)842-1110

EUSTLENE.E.BAILEY.CIV@MAIL.MIL

2018JUN08

W58RGZ

ARMY CONTRACTING COMMAND-REDSTONE

REDSTONE ARSENAL AL 35898-5280 X

X 100

334513

X

X DOA1

X

SEE SCHEDULE

SEE SCHEDULE

X X

X 1

1 31

19.

Item No.

20.

Schedule Of Supplies/Services

21.

Quantity

22.

Unit

23.

Unit Price

24.

Amount

32a. Quantity In Column 21 Has Been

Received Inspected Accepted, And Conforms To The Contract, Except As Noted: _________________________________________________

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

32g. E-Mail of Authorized Government Representative

33. Ship Number 34. Voucher Number 35. Amount Verified 36. Payment 37. Check Number Correct For Partial Final Complete Partial Final

38. S/R Account No. 39. S/R Voucher Number 40. Paid By

41a. I Certify This Account Is Correct And Proper For Payment 42a. Received By (Print) 41b. Signature And Title Of Certifying Officer 41c. Date 42b. Received At (Location)

42c. Date Rec’d (YY/MM/DD) 42d. Total Containers

Standard Form 1449 (Rev. 2/2012) Back

CONTINUATION SHEET

Reference No. of Document Being Continued Page of

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SUPPLEMENTAL INFORMATION

THE FOLLOWING AMENDMENTS HAVE BEEN INCORPORATED

Buyer Name: EUSTLENE E. BAILEY (OLD)

Buyer Office Symbol/Telephone Number: CCAM-AP-A/(256)842-1110

Type of Contract 1: Firm Fixed Price

Kind of Contract: Supply Contracts and Priced Orders

*** End of Narrative A0000 ***

A-1. THIS SOLICITATION IS ISSUED AS A 100% SMALL BUSINESS SET-ASIDE COMPETITION (NAICS: 334513 -- Instruments and Related Products

Manufacturing, and Controlling Industrial Process Variables)TO AWARD A FIRM FIXED PRICE, FIVE YEAR INDEFINITE DELIVERY INDEFINITE

QUANTITY (IDIQ) CONTRACT WITH MINIMUM AND MAXIMUM QUANTITIES FOR AN ASSORTMENT OF ELECTRONICS INC. ALMEN STRIPS.

SAE J442 - Almen Strip Type A1S QTY: MIN 300 Boxes/50 Almen Strip each MAX 1500 Boxes/50 Almen Strip each

SAE J443 - Almen Strip Type N1S QTY: MIN 300 Boxes/50 Almen Strip each MAX 1500 Boxes/50 Almen Strip each

A-2. PROPOSALS SHALL BE SUBMITTED NO LATER THAN 12:00 PM, CST, 25 MAY, 2018. CONTRACTOR MAY MAIL OR FAX OFFER TO:

US ARMY CONTRACTING COMMAND-REDSTONE

ATTN: Eustlene Bailey

CCAM-DPD, BLDG 5303

REDSTONE ARSENAL, AL 35898-5280

EMAIL: eustlene.e.bailey.civ@mail.mil

PHONE: 256-842-5651

FAX: 256-955-9237

A-3. DELIVERY

Corpus Christi Army Depot (CCAD)

308 Crecy St. Bldg. 8 Door 107

Corpus Christi, TX 78419

A-4. BRAND NAME AUTHORITY: ELECTRONICS INC. ALMEN STRIPS.

THE AUTHORITY TO AWARD AS BRAND NAME IS 41 U.S.C 1901(a)(2), AS IMPLEMENTED BY PARAGRAPH 13.501(a)(2) OF THE FEDERAL ACQUISITION (FAR)

ENTITLED, ONLY ONE RESPONSIBLE SOURCE (INCLUDING BRAND NAME) ACQUISITIONS.

THE GOVERNMENT POINT OF CONTACT (POC) IS:

EUSTLENE BAILEY

EMAIL: eustlene.e.bailey.civ@mail.mil

PHONE: 256-842-5651

COMPLETE THE FOLLOWING CONTRACTOR POINT OF CONTACT INFORMATION:

NAME: ___________________________________________________________

TELEPHONE NUMBER: _______________________________________________

FAX NUMBER: _____________________________________________________

E-MAIL ADDRESS: _________________________________________________

NOTICE: YOUR ATTENTION IS INVITED TO FEDERAL ACQUISITION REGULATION (FAR) 15.403-3 RELATIVE TO THE REQUIREMENTS FOR OBTAINING

OTHER THAN COST AND PRICING DATA. IF THIS IS NOT CONSIDERED TO BE AN INDEPENDENTLY COMPETITIVE REQUIREMENT, YOU ARE REQUIRED TO_____

SUBMIT OTHER THAN COST AND PRICING DATA IF REQUESTED. OFFEROR MAY USE THEIR OWN FORMAT TO PROVIDE AT A MINIMUM A BREAKDOWN OF ____________

ALL THE COST ELEMENTS TO INCLUDE PROFIT/FEE WHICH COMPRISE THE TOTAL PROPOSED PRICE OR SALES HISTORY.

A-5. PROPOSAL SHALL REMAIN VALID FOR 120 DAYS.

2 31

W58RGZ-18-R-0081

REPRINT

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

A-6. FUNDS WILL BE OBLIGATED/CITED UPON THE ISSUANCE OF EACH DELIVERY ORDER. THE GOVERNMENT WILL ONLY BE OBLIGATED TO ORDER THE STATED

MINIMUM QUANTITY. THE GOVERNMENT IS NOT OBLIGATED TO ISSUE ANY ADDITIONAL ORDERS AGAINST THIS CONTRACT; HOWEVER, THE GOVERNMENT

RESERVES THE RIGHT TO ORDER UP TO THE MAXIMUM QUANTITY.

A-7. Award of this contract will be on a Low Price basis pursuant to the award criteria stated in FAR clause 52.212-2. _________

Since it is the Governments intent to award without discussions, per FAR clause 52.212-1(g), offerors are cautioned to examine this solicitation and amendments in its entirety and to ensure that their proposal contains all necessary information, provides all required documentation, and is complete in all respects.

A-8. Past Performance:

If no evaluation factor is established for Past Performance, it will be evaluated as part of the Determination of Responsibility.

A-9. THE GOVERNMENT HAS SEGREGATED THE ESTIMATED ITEMS INTO FIVE ORDERING PERIODS. HOWEVER, THIS DOES NOT PRECLUDE EXERCISING ITS

RIGHTS UNDER FAR 52.216-19 BY ORDERING THE MAXIMUM ITEMS SPECIFIED IN FAR 52.216-19(b)(1) AT ANY TIME DURING THE INDEFINITE QUANTITY

PERIOD.

AT A MINIMUM, THE GOVERNMENT'S WILL ORDER AND THE CONTRACTOR SHALL FURNISH THE MINIMUM AMOUNT OF 300 FOR TYPE A1S PER YEAR AND 300 FOR

TYPE N1S PER YEAR FOR ALMEN STRIPS UNDER ORDER 0001. THE GOVERNMENT'S MAXIMUM QUANTITY FOR THE 5-YEAR PERIOD.

ORDERING PERIOD 1 WILL BE FROM DATE OF AWARD THROUGH DAY 365 DAYS AFTER CONTRACT AWARD (DACA).

ORDERING PERIOD 2 WILL BEGIN 366 DACA AND END 730 DACA.

ORDERING PERIOD 3 WILL BEGIN 731 DACA AND END 1,095 DACA.

ORDERING PERIOD 4 WILL BEGIN 1,096 DACA AND END 1,461 DACA.

ORDERING PERIOD 5 WILL BEGIN 1,462 DACA AND END 1,826 DACA.

A-10. AMC-LEVEL PROTEST PROGRAM

IF YOU HAVE COMPLAINTS ABOUT THIS PROCUREMENT, IT IS PREFERABLE THAT YOU FIRST ATTEMPT TO RESOLVE THOSE CONCERNS WITH THE

RESPONSIBLE CONTRACTING OFFICER. HOWEVER, YOU MAY 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 (GAO) 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. AMC

PROTEST DECISION GOAL IS TO RESOLVE PROTESTS WITHIN THIRTY-FIVE (35) DAYS AS PRESCRIBED IN FAR 33.103(G). TO BE TIMELY, PROTESTS MUST BE FILED WITHIN THE PERIODS SPECIFIED IN FAR 33.103.

IF YOU WANT TO FILE A PROTEST UNDER THE AMC-LEVEL PROTEST PROGRAM, THE PROTEST MUST REQUEST RESOLUTION UNDER THAT PROGRAM AND

BE SENT TO THE ADDRESS BELOW:

HQ U.S. ARMY MATERIEL COMMAND

OFFICE OF COMMAND COUNSEL-DEPUTY COMMAND COUNSEL

4400 MARTIN ROAD, RM A6SE040.001

REDSTONE ARSENAL, AL 35898-5000

FACSIMILE NUMBER (256) 450-8840

EMAIL ADDRESS: USARMY.REDSTONE.USAMC.MBX.PROTESTS@MAIL.MIL

ALL OTHER AGENCY-LEVEL PROTESTS SHOULD BE SENT TO THE CONTRACTING OFFICER FOR RESOLUTION. PROTESTS TO THE CONTRACTING OFFICER

SHALL BE FILED AT THE APPROPRIATE INSTALLATION ADDRESS OR SEE FAR CLAUSE 52.233-2 IN SECTION I FOR THE ADDRESS.

THE AMC-LEVEL PROTEST PROCEDURES ARE LOCATED AT:

IF INTERNET ACCESS IS NOT AVAILABLE, CONTACT THE CONTRACTING OFFICER OR HQ AMC TO OBTAIN THE AMC-LEVEL PROTEST PROCEDURES.

*** END OF NARRATIVE A0001 ***

The purpose of this Amendment (0001) is to answer the following question.

3 31

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

Question:

I am working on a quote to submit to you for A1-S & N1-S strips for the US Army and had a question. I do not see anything about the preferred shipping method of the product. Usually we quote FOB and we ship on whatever account our customers provide. Before I submit the quote, I wanted to make sure it was okay to quote them this way in terms of the shipping.

Answer:

The Government will accept at Destination.

The Fixed Price for the ALMEN Strip Box should include the shipping cost.

*** END OF NARRATIVE A0002 ***

The purpose of this amendment (0002) to extend the proposal due date to June 01, 2018 from May 25, 2018 and to answer the following questions:

Question 1.

I have read through your entire solicitation and was wondering if A-8 section of the solicitation (Past Performance) would hinder me from getting an opportunity since I do not have any past performance records? I am very interested and 100% I can deliver and just looking for the opportunity to gain business grounds.

Answer: Past Performance is not an evaluating factor under this solicitation, award of this contract will be on a Low Price basis. See

Section A-7 and 52.212-2

Question 2.

Do I just fill out the provided Standard Form 1449? Is there anything else I need to attach?

Answer: Yes provide the Standard Form 1449 and follow the instructions under 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

*** END OF NARRATIVE A0003 ***

The purpose of this amendment (0003) to extend the proposal due date to June 08, 2018 from June 01, 2018 and to answer the following question:

Question 1. After careful research in the manufacturer website, there is no such type (N-1S strip is 45-48 ) of hardness for that strip.

The only type of hardness callout by the manufacturer for N-1S strips is: HRc 72.5-76.

Answer: A correction of the Salient Characteristics are included under revised Attachment 0001 31 May 2018.

*** END OF NARRATIVE A0004 ***

4 31

PIIN/SIIN

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

SUPPLIES OR SERVICES AND PRICES/COSTS

0001 ALMEN STRIPS A-1S

0001AA ELECTRONICS INC. ALMEN STRIPS A1S $ $ _________________________________ ______________ __________________

COMMODITY NAME: ALMEN STRIPS A-1S

CLIN CONTRACT TYPE:

Firm Fixed Price

ELECTRONICS INC. ALMEN STRIPS A1S

Offeror is required to fill in proposed Firm-Fixed unit price(s) for the ordering periods 1 to 5:

Ordering period 1-u/p $________ (ffp) min qty 300

Boxes of 50 ea.

Ordering period 2- u/p $________ (ffp) est qty 300

Boxes of 50 ea.

Ordering period 3- u/p $________ (ffp) est qty 300

Boxes of 50 ea.

Ordering period 4- u/p $________ (ffp) est qty 300

Boxes of 50 ea.

Ordering period 5- u/p $________ (ffp) est qty 300

Boxes of 50 ea.

Type of Strips:

ELECTRONICS INC. Almen Strip Pt# 970045.S, A-1S

Strips are used for low intensity applications.

Thickness A1S = .031 (0.79 mm)

Flatness (Pre Bow) A1S = .0005 (0.0127 mm)

Hardness A1S =45 to 48 Rockwell C Hardness

Thickness Tolerance A1S = .0005 (0.0127 mm)

(End of narrative C001)

Packaging and Marking _____________________

Deliveries or Performance _________________________

FOB POINT:

ANTICIPATED SCHEDULE FOR DELIVERY: A-1S

90 DAYS - 75 BOXES QTY

180 DAYS - 75 BOXES QTY

270 DAYS - 75 BOXES QTY

365 DAYS - 75 BOXES QTY

(End of narrative F001)

0002 ALMEN STRIPS N-1S

5 31

PIIN/SIIN

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

0002AA ELECTRONICS INC. ALMEN STRIPS N-1S $ $ __________________________________ ______________ __________________

COMMODITY NAME: ALMEN STRIPS N-1S

CLIN CONTRACT TYPE:

Firm Fixed Price

ELECTRONICS INC. ALMEN STRIPS; N1S

Offeror is required to fill in proposed Firm-Fixed unit price(s) for the ordering periods 1 to 5:

Ordering period 1-u/p $________ (ffp) min qty 300

Boxes of 50 ea.

Ordering period 2- u/p $________ (ffp) est qty 300

Boxes of 50 ea.

Ordering period 3- u/p $________ (ffp) est qty 300

Boxes of 50 ea.

Ordering period 4- u/p $________ (ffp) est qty 300

Boxes of 50 ea.

Ordering period 5- u/p $________ (ffp) est qty 300

Boxes of 50 ea.

Type of Strips:

Almen Strip Pt# 970047.S, N-1S

N strips are used for low intensity applications.

Thickness N1S = .031 (0.79 mm)

Flatness (Pre Bow) N1S = .000 (0.0127 mm)

Hardness N1S = 45 to 48 Rockwell C Hardness

Thickness Tolerance N1S = .0005 (0.0127 mm)

(End of narrative C001)

Packaging and Marking _____________________

Deliveries or Performance _________________________

FOB POINT:

ANTICIPATED SCHEDULE FOR DELIVERY: N1S

90 DAYS - 75 BOXES QTY

180 DAYS - 75 BOXES QTY

270 DAYS - 75 BOXES QTY

365 DAYS - 75 BOXES QTY

(End of narrative F001)

6 31

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

INSPECTION AND ACCEPTANCE

Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

1 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE AUG/1996

2 52.246-16 RESPONSIBILITY FOR SUPPLIES APR/1984

7 31

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

DELIVERIES OR PERFORMANCE

Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

1 52.247-34 F.O.B. DESTINATION NOV/1991

8 31

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

CONTRACT ADMINISTRATION DATA

Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

1 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS MAY/2013

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

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov ; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this

Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the

WAWF home page at https://wawf.eb.mil/ .

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer

Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

THE CONTRACTOR IS ENCOURAGED TO USE COMBINATION INVOICE AND RECEIVING REPORT (COMBO) FOR SUBMITTING INVOICES FOR SUPPLIES. THIS

ELIMINATES THE NEED TO SEPERATELY PROCESS A RECEIVING REPORT AND INVOICE.

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

DESTINATION/DESTINATION

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in

WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC TBD

Issue By DoDAAC W58RGZ

Admin DoDAAC W58RGZ

Inspect By DoDAAC W45N7V

Ship To Code W45N7V

Ship From Code NA

Mark For Code NA

Service Approver (DoDAAC) NA

Service Acceptor (DoDAAC) NA

Accept at Other DoDAAC NA

LPO DoDAAC NA

DCAA Auditor DoDAAC NA

Other DoDAAC(s) NA

9 31

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email

Notifications" field of WAWF once a document is submitted in the system.

CONTRACT SPECIALIST: eustlene.e.bailey.CIV@MAIL.MIL

CONTRACTING OFFICER: luis.j.ferrer.civ@mail.mil

COR: TBD

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

CONTRACT SPECIALIST: eustlene.e.bailey.CIV@MAIL.MIL

(2) For technical WAWF help, contact the WAWF helpdesk at 866-

618-5988.

(End of clause)

10 31

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

CONTRACT CLAUSES

Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

1 52.203-3 GRATUITIES APR/1984

2 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS OCT/2010

3 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL/2016

4 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS JAN/2017

5 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS DEC/2013

6 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS SEP/2011

7 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS SEP/2013

8 252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL DEC/2012

9 252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT FEB/2014

10 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING OCT/2016

11 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT MAY/2016

12 252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM JUN/2013

13 252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM--BASIC DEC/2017

14 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES DEC/2017

15 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC SEP/2004

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS

16 252.227-7015 TECHNICAL DATA--COMMERCIAL ITEMS FEB/2014

17 252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA SEP/2016

18 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS JUN/2012

19 252.232-7010 LEVIES ON CONTRACT PAYMENTS DEC/2006

20 252.243-7001 PRICING OF CONTRACT MODIFICATIONS DEC/1991

21 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT DEC/2012

22 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS JUN/2013

23 252.246-7008 SOURCES OF ELECTRONIC PARTS DEC/2017

24 252.247-7003 PASS-THROUGH OF MOTOR CARRIER FUEL SURCHARGE ADJUSTMENT TO THE COST JUN/2013

BEARER

25 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR JAN/2018

EXECUTIVE ORDERS--COMMERCIAL ITEMS

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division

E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 4704 and

10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of

Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved].

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section

11 31

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

743 of Div. C).

_X__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (NOV 2011) of 52.219-3.

___ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (ii) Alternate I (JAN 2011) of 52.219-4.

___ (13) [Reserved]

__X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011) of 52.219-6.

___ (iii) Alternate II (Nov 2011) of 52.219-6.

___ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017)(15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)(15 U.S.C. 657 f)

__X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013)(15 U.S.C. 632(a)(2)).

___ (23) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Dec 2015)

(15 U.S.C. 637(m)).

___ (24) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Dec

2015) (15 U.S.C. 637(m)).

_X__ (25) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

_X__ (26) 52.222-19, Child LaborCooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

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__X_ (28) 52.222-26, Equal Opportunity (Sep 2016)(E.O. 11246).

_X__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793).

__X_ (31) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Feb

2016)(38 U.S.C. 4212).

_X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X__ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

_X__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O.

13693).

_X__ (38)(i) 52.223-13, Acquisition of EPEAT[supreg]-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

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

___ (39)(i) 52.223-14, Acquisition of EPEAT[supreg]-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

___ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

_X__ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).

___ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (JAN 2017) of 52.224-3.

___ (46) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).

___ (47)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-

283, 110-138, 112-41, 112-42, and 112-43.

___ (ii) Alternate I (MAY 2014) of 52.225-3.

___ (iii) Alternate II (MAY 2014) of 52.225-3.

___ (iv) Alternate III (MAY 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.o.s, proclamations, and statutes administered by the

Office of Foreign Assets Control of the Department of the Treasury).

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__X_ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

___ (55) 52.232-33, Payment by Electronic Funds Transfer -- System for Award Management (Jul 2013)(31 U.S.C. 3332).

_X__ (56) 52.232-34, Payment by Electronic Funds Transfer -- Other Than System for Award Management (Jul 2013)(31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).

___ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C.

2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

___ (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

___ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option

Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41

U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or

Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--

Requirements (MAY 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-

2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractors directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for

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examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR

Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of

Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of

FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

(xi) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

(xii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. 7104(g)).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. 7104(g)).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or

Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements

(MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658).

(xvii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xviii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

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LIST OF ATTACHMENTS

List of Number List of Number

Addenda Title Date of Pages Transmitted By Addenda Title Date of Pages Transmitted By________________ ____________________________________________________________ _______________ ____________ _______________________________ ____________________________________________________________ _______________ ____________ _______________

Attachment 0001 SALIENT CHARACTERISTICS 31-MAY-2018 002

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REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

1 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS NOV/2011

2 252.222-7007 REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS JAN/2015

3 52.212-3 OFFERORS REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV OCT/2014

2017) --ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

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

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

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

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

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

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

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under

6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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"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" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

"Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

NOTE to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: "Administrative merits determination", "Arbitral award or decision", paragraph (2) of "Civil judgment", "DOL Guidance", "Enforcement agency", "Labor compliance agreement", "Labor laws", and "Labor law decision". The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through .

After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs _______________. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it

___ is, ___ is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph

(c)(1) of this provision.] The offeror represents as part of its offer…

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