W911N2-24-R-0024.pdf

SEE ADDENDUM

( No Col lect Cal ls )

W911N224R0024 05-Sep-2024

b. TELEPHONE NUMBER

717-267-9617

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 24 Sep 2024

5. SOLICITATION NUM BER 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 ARE

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

23.

CODE 10. TH IS ACQUISI TION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W911N29. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAM E

LAURA J. BUEHLER

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

0 27a. SOLI CI TATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52. 212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRI ATION DATA

1. REQUISITION NUMBER

20.

ADDI TIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W25G1Q4106R001

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), INCLUDI NG ANY ADDITI ONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO I TEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THI S DOCUMENT AND RETURN

% FOR:SET ASI DE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

LETTERKENNY ARMY DEPOT

LETTERKENNY CONTRACTI NG OFFICE - ACC

1 OVERCASH AVENUE CCAM-DSL BLDG 2S

CHAMBERSBURG PA 17201-4150

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 W800AF 16. ADMINISTERED BY

12. DI SCOUNT TERMS11. DELIVERY FOR FOB DESTI NA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLIC ITATION

RFQ IFB RFPX

DIRECTORATE OF PUBLIC WORKS

ANNETTE POLK

LETTERKENNY ARMY DEPOT

DPW AM LD-ELX

ONE OVERCASH AVE BLDG 370 ASRS DOOR 18

CHAMBERSBURG PA 17201-4150

TEL: 717.267.9154 FAX:

717-2679834FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$12,500,000

NAICS:

811310

X

OFFER DATED

29. AW ARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWI SE IDENTIFI ED ABOVE AND ON ANY

COPI ES TO ISSUI NG 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

SM ALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF54

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEI VED INSPECTED

32b. SIGNATURE OF AUTHORI ZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATI VE

32e. MAILI NG ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORI ZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FI NALPARTIALCOMPLETE

36. PAY MENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHI P NUMBER

PARTI AL

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

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

41b. SIGNATURE AND TITLE OF CERTIFYI NG OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

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.

W911N224R0024

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0001 2 Lot

SEMI-ANNUAL PM, LEAD BUILDINGS

FFP

Semi-annual Preventative Maintenance (PM), LEAD Bldgs 1, 2, 11, 13, 320, 321, 349, 350, 360, 361, 363, 370, 389, 408, 410, 431, 521, 2259, 2264, 2265, 3239, 3261, S3290, 3297, 5800, 5807. IAW PWS paragraph 5.1 Lot = PM visit FOB: Destination

PURCHASE REQUEST NUMBER: W25G1Q4106R001

PSC CD: J043

ESTIMATED

NET AMT

UNIT UNIT PRICE ESTIMATED AMOUNT

0002 1 Lot

ANNUAL PM - LEAD BUILDINGS

FFP

Annual Preventative Maintenance (PM), LEAD Bldgs 1, 2, 11, 13, 320, 321, 349, 350, 360, 361, 363, 370, 389, 408, 410, 431, 521, 2259, 2264, 2265, 3239, 3261, S3290, 3297, 5800, 5807. IAW PWS paragraph 5.1 Lot = PM visit FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

0003 2 Lot

SEMI-ANNUAL PM, LEMC BUILDINGS

FFP

Semi-annual Preventative Maintenance (PM), LEMC Bldgs 2363, 2383, 2716, 2755, 3238, 3315, 3382, 3626, 3700, 3751, 3754, 3810, 4755, 4756, 5250, 5300, 5311, 5321, 5328, 5331, 5647. IAW PWS pagraph 5.1 Lot = PM visit FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

0004 1 Lot

ANNUAL PM - LEMC BUILDINGS

FFP

Annual Pretentative Maintenance (PW), LEMC Bldgs 2363, 2383, 2716, 2755, 3238, 3315, 3382, 3626, 3700, 3751, 3754, 3810, 4755, 4756, 5250, 5300, 5311, 5321, 5328, 5331, 5647.IAW PWS paragraph 5.1 Lot = PM visit FOB: Destination

ITEM NO SUPPLIES/SERVICES EST.

UNIT UNIT PRICE EST. AMOUNT

0005 200 Lot

REPAIR LABOR

T&M Repair Labor in accordance with the Performance Work Statement (PWS), paragraph 5.2 **Payment will be made IAW actual quantity of hours performed and approved by the Contracting Officer's Representative (COR). CONTRACTOR MUST

PROVIDE HOURLY RATE AS PART OF THIS CLIN.

This CLIN will only be used with CLIN 0006. Lot = Hour FOB: Destination

TOT ESTIMATED PRICE

CEILING PRICE

UNIT UNIT PRICE EST. AMOUNT

0006 100 Lot

REPAIR PARTS

T&M This CLIN shall only be used for repairs and modifications made by the Contractor under CLIN 0005, IAW PWS paragraph 5.4 Do not quote on this CLIN. Estimated total amount is $75,000. Parts shall be billed as actuals. Lot = repair FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

0007 50 Lot

RENTAL OF COMPRESSOR

FFP

Rental IAW the PWS, paragraph 5.5. Lot = week FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

1001 2 Lot

OPTION SEMI-ANNUAL PM, LEAD BUILDINGS

FFP

Semi-annual Preventative Maintenance (PM), LEAD Bldgs 1, 2, 11, 13, 320, 321, 349, 350, 360, 361, 363, 370, 389, 408, 410, 431, 521, 2259, 2264, 2265, 3239, 3261, S3290, 3297, 5800, 5807. IAW PWS paragraph 5.1 Lot = PM visit FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

1002 1 Lot

OPTION ANNUAL PM - LEAD BUILDINGS

FFP

Annual Preventative Maintenance (PM), LEAD Bldgs 1, 2, 11, 13, 320, 321, 349, 350, 360, 361, 363, 370, 389, 408, 410, 431, 521, 2259, 2264, 2265, 3239, 3261, S3290, 3297, 5800, 5807. IAW PWS paragraph 5.1 Lot = PM visit FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

1003 2 Lot

OPTION SEMI-ANNUAL PM, LEMC BUILDINGS

FFP

Semi-annual Preventative Maintenance (PM), LEMC Bldgs 2363, 2383, 2716, 2755, 3238, 3315, 3382, 3626, 3700, 3751, 3754, 3810, 4755, 4756, 5250, 5300, 5311, 5321, 5328, 5331, 5647. IAW PWS paragraph 5.1 Lot = PM visit FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

1004 1 Lot

OPTION ANNUAL PM - LEMC BUILDINGS

FFP

Annual Pretentative Maintenance (PW), LEMC Bldgs 2363, 2383, 2716, 2755, 3238, 3315, 3382, 3626, 3700, 3751, 3754, 3810, 4755, 4756, 5250, 5300, 5311, 5321, 5328, 5331, 5647.IAW PWS paragraph 5.1 Lot = PM visit FOB: Destination

UNIT UNIT PRICE EST. AMOUNT

1005 200 Lot

OPTION REPAIR LABOR

T&M Repair Labor in accordance with the Performance Work Statement (PWS), paragraph 5.2 **Payment will be made IAW actual quantity of hours performed and approved by the Contracting Officer's Representative (COR). CONTRACTOR MUST

PROVIDE HOURLY RATE AS PART OF THIS CLIN.

This CLIN will only be used with CLIN 1006. Lot = Hour FOB: Destination

UNIT UNIT PRICE EST. AMOUNT

1006 100 Lot

OPTION REPAIR PARTS

T&M This CLIN shall only be used for repairs and modifications made by the Contractor under CLIN 1005, IAW PWS paragraph 5.4 Do not quote on this CLIN. Estimated total amount is $75,000. Parts shall be billed as actuals. Lot = repair FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

1007 50 Lot

OPTION RENTAL OF COMPRESSOR

FFP

Rental IAW the PWS, paragraph 5.5. Lot = week FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

2001 2 Lot

OPTION SEMI-ANNUAL PM, LEAD BUILDINGS

FFP

Semi-annual Preventative Maintenance (PM), LEAD Bldgs 1, 2, 11, 13, 320, 321, 349, 350, 360, 361, 363, 370, 389, 408, 410, 431, 521, 2259, 2264, 2265, 3239, 3261, S3290, 3297, 5800, 5807. IAW PWS paragaph 5.1 Lot = PM visit FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

2002 1 Lot

OPTION ANNUAL PM - LEAD BUILDINGS

FFP

Annual Preventative Maintenance (PM), LEAD Bldgs 1, 2, 11, 13, 320, 321, 349, 350, 360, 361, 363, 370, 389, 408, 410, 431, 521, 2259, 2264, 2265, 3239, 3261, S3290, 3297, 5800, 5807. IAW PWS paragraph 5.1 Lot = PM visit FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

2003 2 Lot

OPTION SEMI-ANNUAL PM, LEMC BUILDINGS

FFP

Semi-annual PMs, LEMC Bldgs 2363, 2383, 2716, 2755, 3238, 3315, 3382, 3626, 3700, 3751, 3754, 3810, 4755, 4756, 5250, 5300, 5311, 5321, 5328, 5331, 5647.IAW PWS paragraph 5.1 Lot = PM visit FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

2004 1 Lot

OPTION ANNUAL PM - LEMC BUILDINGS

FFP

Annual Pretentative Maintenance (PW), LEMC Bldgs 2363, 2383, 2716, 2755, 3238, 3315, 3382, 3626, 3700, 3751, 3754, 3810, 4755, 4756, 5250, 5300, 5311, 5321, 5328, 5331, 5647.IAW PWS paragraph 5.1 Lot = PM visit FOB: Destination

UNIT UNIT PRICE EST. AMOUNT

2005 200 Lot

OPTION REPAIR LABOR

T&M Repair Labor in accordance with the Performance Work Statement (PWS), paragraph 5.2 **Payment will be made IAW actual quantity of hours performed and approved by the Contracting Officer's Representative (COR). CONTRACTOR MUST

PROVIDE HOURLY RATE AS PART OF THIS CLIN.

This CLIN will only be used with CLIN 2006. Lot = Hour FOB: Destination

UNIT UNIT PRICE EST. AMOUNT

2006 100 Lot

OPTION REPAIR PARTS

T&M This CLIN shall only be used for repairs and modifications made by the Contractor under CLIN 2005, IAW PWS paragraph 5.4 Do not quote on this CLIN. Estimated total amount is $75,000. Parts shall be billed as actuals. Lot = repair FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

2007 50 Lot

OPTION RENTAL OF COMPRESSOR

FFP

Rental IAW the PWS, paragraph 5.5. Lot = week 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 0006 Destination Government Destination Government 0007 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 1006 Destination Government Destination Government 1007 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 2006 Destination Government Destination Government 2007 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 22-MAR-2025 TO

21-MAR-2026

N/A DIRECTORATE OF PUBLIC WORKS

ANNETTE POLK

LETTERKENNY ARMY DEPOT

DPW AMLD-ELX

ONE OVERCASH AVE BLDG 370 ASRS

DOOR 18

CHAMBERSBURG PA 17201-4150

717.267.9154 FOB: Destination

W800AF

0002 POP 22-MAR-2025 TO

21-MAR-2026

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 22-MAR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 22-MAR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 22-MAR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 22-MAR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 22-MAR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 22-MAR-2026 TO

21-MAR-2027

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 22-MAR-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 22-MAR-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 22-MAR-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 22-MAR-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 22-MAR-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

1007 POP 22-MAR-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 22-MAR-2027 TO

21-MAR-2028

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 22-MAR-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 22-MAR-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 22-MAR-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 22-MAR-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

2006 POP 22-MAR-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

2007 POP 22-MAR-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

NOV 2021

52.204-2 Security Requirements MAR 2021 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

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 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

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

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

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

NOV 2023

52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns FEB 2024 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2024 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons NOV 2021 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-6 Inspection--Time-And-Material And Labor-Hour MAY 2001 52.247-34 F.O.B. Destination JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

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

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

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

JAN 2023

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.211-7003 Item Unique Identification and Valuation JAN 2023 252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7020 Trade Agreements Certificate--Basic NOV 2014 252.225-7035 Buy American--Free Trade Agreements--Balance Of

Payments Program Certificate--Basic

FEB 2024

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 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.246-7001 Warranty Of Data MAR 2014 252.246-7003 Notification of Potential Safety Issues JAN 2023 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

CLAUSES INCORPORATED BY FULL TEXT

52.204-20 Predecessor of Offeror (AUG 2020)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

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.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by--

(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571-767-6688 or email at assisthelp@dla.mil.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award

Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

Army Contract Writing System (ACWS) Transition Information for Offerors

a. The Army Contracting Enterprise (ACE) is in the process of deploying new solicitation and contract writing software to Army contracting offices worldwide. Known as the Army Contract Writing System (ACWS), this modem software suite will soon replace most existing Army contract writing systems, including the system used to create and release this Solicitation.

b.During this transition period, Offerors are hereby advised:

1.The Contracting Office may use any combination of contract writing systems to create and release documents related to this solicitation (e.g. solicitation amendments and awards, if any). Due to this:

i.This solicitation may contain different offer submission instructions than other solicitations released by the same Contracting Office (e.g. requiring offer submission via the PIEE Solicitation Module vs. e-mail). Offerors should review all offer submission instructions contained in the solicitation documents and direct any questions or concerns to the Contract Specialist or Contracting Officer.

ii.If the Contracting Office switches contract writing systems prior to award, documents you receive from the Contracting Officer or view on SAM.gov or other forums may appear noticeably different than the initial solicitation or previous solicitations or awards from the same Contracting Office. This is normal and expected.

iii. A change between contract writing systems may cause important information concerning solicitation response (amendments) or accepted terms (awards) to take on different formatting or appear in different parts of later documents issued. Offerors shall review all documents carefully to locate this important information and direct any questions or concerns to the Contract Specialist or Contracting Officer.

2.The Government does not intend to use the transition between contract writing systems to effect any changes to solicitation or award terms and conditions without accompanying document narratives explicitly stating such changes are deliberate and desired. While the Contract Specialist and Contracting Officer will take care to minimize or eliminate any inadvertent changes when adapting to the new contract writing software, you, as the Offeror, may still be the first to spot such errors. Therefore, Offerors shall:

i. Notify the Contracting Officer immediately if any observed changes, removals, or additions affect your award eligibility, violate or alter existing quote/proposal terms, or could affect Contract performance post-award.

ii.Take special care to ensure all fill-in Clauses are populated and remain populated across documents received from the Contracting Office throughout the Solicitation and Award process.

iii.Contact the Contracting Officer listed on the first page of the solicitation or solicitation amendment for guidance if you notice or suspect any inadvertent change has occurred between document issuances.

3.The Contracting Officer will correct problems affecting award documents (if any) via bilateral modification, at no cost to the Contractor. Any such modification will reconcile the award with the latest version of this solicitation reflecting deliberate action by the Contracting Officer (e.g. the first issuance if no amendments, or the latest amendment with accompanying narratives), inclusive of any documented pre-award negotiations or accepted supplemental offer terms.

4.In the unlikely event a network disruption, contract writing system error, or financial system error threatens timely award of the requirement set forth in this solicitation, the Contracting Officer:

i.May elect to use alternative mechanisms to obligate funds and allow work or deliveries to legally begin to the benefit of, and with legal protection for, both parties.

ii.Will incorporate the latest version of this Solicitation into such mechanisms to serve as a framework for contract execution until any such system problems are resolved.

iii.Will ensure any action taken does not conflict with the stated offer evaluation and award methodology of this requirement.

iv.Will issue a complete, properly-formatted award accurately reflecting this requirement and all applicable terms and conditions once systems return to normal.

(End of addendum)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

Lowest Price, Technically Acceptable

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

(End of provision)

ADENDUM TO FAR 52.212-2, BASIS OF AWARD

A. General Information:

1. The basis of award will be the Lowest Priced, Technically Acceptable offer. Offerors must receive a rating of Technically Acceptable in all factors/subfactors in order for their overall proposal to be determined Technically Acceptable.

2. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, and technical requirements.

3. The Government intends to make award without discussions, unless the Contracting Officer determines that discussions are necessary. Offerors should provide their most favorable prices in their initial offers.

Technical acceptability shall be based on compliance with the required technical components identified in Attachment I. Offerors must provide sufficient information and detail to demonstrate the services offered as follows:

B. Non-Price Evaluation Factors and Subfactors:

1.Factor 1 – Technical.

Sub-Factor 1: Capabilities:

The Offeror shall provide information of their plan and ability to perform servicing of the Air Compressor systems listed in this requirement. This shall include information on personnel and equipment that are proposed for use.The offeror shall describe, and the Government shall evaluate, the offeror’s capabilities regarding utilization of Contractor’s furnished equipment and machinery to demonstrate successful maintenance and repair services on the various air compressor systems, to include any rental arrangements. Proposed rental and lease arrangements shall include a letter of commitment. Purchase of any required equipment shall include a letter of commitment from the offeror for the purchase.

Sub-Factor 2: Qualifications:

Specified equipment components and sub-component parts listed in the PWS shall be inspected, as described in Section 5 of the PWS. The Offeor shall demonstrate that their technicians, inspectors and sub-contractors performing maintenance on the listed equipment are trained and certified with applicable rules and regulations.

Offeror shall provide recognized Kaeser manufacturer certifications and/or training documentation for the technicians, inspectors and/or subcontractors performing services on the listed equipment.

Sub-Factor 3: Letter of Commitment:

If the Offeror intends to use a subcontractor in the performance of this requirement, a Letter of Commitment (LOC) from the subcontractor shall be provided with the proposal. LOC shall confirm the subcontractor’s intention to work with the contractor.

2. Factor 2 - Past Performance: Past performance information shall include recent and relevant contracts for the same or similar items and other references. Offerors shall furnish this information for at least three (3) contracts ongoing or completed within the last three years, for like or similar services, held with Department of Defense, other government agencies or private industry. The Offeror shall identify the contract title, contract number, dollar value, client name and address, location of work, point of contact with telephone number and email address, and an explanation of how each project related to the work requirements of this solicitation. The Offeror shall provide information on problems encountered on any contracts that they identify as past performance including the Offeror’s corrective actions, if any. The Government shall consider the information provided by the Offeror as well as information obtained from any other sources when evaluating the Offeror’s past performance. Any negative past performance information that is not adequately addressed by the Offeror’s corrective actions will deem the offeror technically unacceptable. Any contractor showing no past performance information will be rated as neutral.

C. Proposals will be evaluated initially independently of the price to determine the Offerors’ ability to meet the Government’s requirement set forth in the solicitation. The Government may make a final rating determination based on the proposal as submitted without requesting any further information. For all proposals determined to be Technically Acceptable, the offer providing the lowest price will receive the contract award.

1. Offerors’ technical proposals will receive an overall rating based on the following:

(a) Technically Acceptable: Offeror meets all requirements or technical specifications or has submitted all documentation requested in any technical evaluation criteria and all documentation meets the standard set forth in the solicitation.

(b) Technically Unacceptable: Offerer fails to meet all requirements or technical specifications or has failed to comply in submitting requested documentation in any technical evaluation criteria or the submitted documentation fails to meet the standard set forth in the solicitation.

D. For the purposes of the award of this Contract, the Government intends to evaluate the option to extend services, provided under FAR 52.217-8, as follows:

1. The evaluation will consider the possibility that the option can be exercised at any time during any contract performance period, and can be exercised in increments of one to six months, but for no more than a total of six months during the life of the contract.

2. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract when the option is exercised.

3. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all proposals relative to each other, and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise.

4. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

(End of addendum)

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…