W912DW23Q80010.pdf
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- Solicitation number
- W912DW23Q8010
About this file
This solicitation requests offers for equipment with operators to perform emergency levee repair work in Snohomish, Washington. The U.S. Army Corps of Engineers seeks to procure compact hydraulic excavators, dozers, compactors, motor graders, dump trucks, water trucks, and smaller excavators with operators. The period of performance is July 5, 2023 through August 30, 2023. Offerors must provide pricing for equipment hourly rates and estimated quantities, as well as mobilization/demobilization costs. The solicitation is a 100% small business set-aside and Davis-Bacon wage determinations apply. Offers are due by June 8, 2023.
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SEE ADDENDUM
(No Collect Calls)
W912DW23Q8010 31-May-2023
b. TELEPHONE NUMBER
206-764-6573
8. OFFER DUE DATE/LOCAL TIME
12:30 PM 08 Jun 2023
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W912DW9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
VINCENT E DANIELS
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. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
USA ENGINEER DISTRICT, SEATTLE
ATTN: CENWS-CT
4735 EAST MARGINAL WAY SOUTH, BLDG. 1202
SEATTLE WA 98134-2388
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 960506 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
US ARMY CORPS OF ENGINEERS
ANTHONY DOERSAM
SEATTLE DISTRICT
4735 E. MARIGINAL WAY S.
SEATTLE WA 98124-2388
TEL: (206) 764-3484 FAX:
206-764-6817FAX:
TEL: 206-316-3168 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$19,000,000
NAICS:
238910
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF73
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
W912DW23Q8010
Section SF 1449 - CONTINUATION SHEET
INSTRUCTIONS TO OFFERORS
INSTRUCTIONS TO OFFERORS
1. The solicitation is “100% small business set-aside”. All work shall be in accordance with the Scope of Work (SOW), attachments, and all other terms and conditions herein.
2. Quotes shall be submitted per the following:
All emailed offers shall contain the RFQ title in the subject line and emailed to the following email address: vincent.e.daniels@usace.army.mil. For questions call (206)-764-6573.
Faxed quotations will NOT be accepted.
Quotes must set forth full, accurate and complete information, as required by this RFQ.
3. PROSPECTIVE OFFERORS: Contractors shall be registered in the System for Awards Management (SAM) prior to award of a contract or agreement resulting from solicitations.
“Registered in the System for Award Management (SAM) database” means that –
(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;
(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.
(4) The Government has marked the record “Active”.
This rule more efficiently implements the Debt Collection Improvement Act of 1996, as it requires contractors to be registered in SAM for consideration of future solicitations, awards, and payment. Registration is required prior to award of any contract, basic agreement, basic ordering agreement, or blanket purchase agreement from a solicitation. LACK OF REGISTRATION IN THE SAM DATABASE WILL MAKE AN OFFER INELIGIBLE FOR AWARD. The web site may be accessed at www.sam.gov.
SAM Priority Processing Request: The notarized letter must have both the vendor signature page AND the notary signature page signed. If missing a signature (or other required data) GSA will reject the letter. This will cause the review and activation of the account will be delayed further. Any prioritization requests received on Friday are subject to delays because of the weekend. For a request you send on Friday afternoon, you may not receive your response until Monday morning.
4. ELECTRONIC FUNDS TRANSFER (EFT): Effective 99 Jun 01, the Government will make all payments by
EFT (unless the Government VISA credit card is accepted). The only exceptions are: 1) Foreign Vendors, 2) Government Agencies, and 3) One time payments. The EFT forms and instructions are on the USACE Finance Center (UFC) Web Page; www.fc.usace.army.mil. The UFC point of contact for this action is Mr. Kevin J.
Heath, kevin.j.heath@usace.army.mil, (901) 873-9135.
5. All questions resulting from this RFQ shall be submitted by close of business two (2) days prior to the closing date.
6. Award will be made to the lowest priced responsible quoter whose quote conforms to the requirements of the solicitation. The quoter must provide pricing for ALL items in the solicitation for its quote to be acceptable to the Government.
7. Required Submittals:
Signed and dated STANDARD FORM 1449 (Solicitation/Contract/Order for Commercial Items).
Signed and dated STANDARD FORM 30 (Amendment of Solicitation/Modification of Contract), if applicable, for any Amendments to the solicitation.
52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)
52.204-20 Predecessor of Offeror (AUG 2020)
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND
VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--
REPRESENTATION (OCT 2020)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) ALTERNATE I (OCT 2014)
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAR 2023)
52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation
(DEC 2016)
8. The contractor is required to provide the following information with your quote:
Federal Taxpayer’s ID Number:
DUNS Number:
Cage Code Number This requires registration in SAM, web site for registration is www.sam.gov.
Remit to Address:
Company Name:
Address:
City/State/Zip:
Phone & Fax Numbers:
Point of Contact:
E-Mail Address:
All quoted items must meet the requirements of the Request for Quote (RFQ) including specifications stated in all attachments.
IAW FAR 12.205(b), offerors may propose more than one product (as determined by the Contracting Officer) that will meet a Government need in response to solicitation(s) for commercial items. The quote shall be determined acceptable based on the date and time received. The contracting officer shall evaluate each product as a separate offer. The contractor should list any special features or warranty information applicable to the quoted product(s).
ANNOUNCEMENT TO OFFERORS
Due to recent national events Seattle District US Army Corps of Engineers shall be conducting business under heightened security for the foreseeable future.
Access to Federal Center South, 4735 E Marginal Way S, Building 1202, Seattle, WA 98124 will be through the front lobby only. The building is under Federal Protective Service, which means that persons entering the facility are subject to inspection; including purses, packages, etc. All deliveries shall be thoroughly inspected. In addition, visitors may be required to be escorted by Corps personnel while in the building.
For any questions please contact the Contract Specialist assigned to your project or check our website at www.nws.usace.army.mil for up-to-date information.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job
CE-1: CAT 335F L COMPACT RADIUS
FFP
OR SIMILAR
Track Mounted Hydraulic Excavator w/ Hydraulic Thumb Minimum 200 HP / Minimum Weight 80,000 LBS / Minimum reach 30 feet at ground level
Regular Hourly Rate x Est. Quantity = Amount $____________ x 120 Hours $____________
Overtime Hourly Rate x Est. Quantity = Amount $____________ x 60 Hours $____________
Mobilization/Demobilization Est. Quantity = Amount (Movement between sites) $____________ x 2 EA $____________
Davis Bacon Wage Determination No.: WA20230075 Revision 1 dated 02/03/2023 is applicable to this procurement as incorporated herein.
FOB: Destination
PSC CD: W038
NET AMT
0002 1 Job
CE-2: CAT 335F L COMPACT RADIUS
FFP
OR SIMILAR
Track Mounted Hydraulic Excavator w/ Hydraulic Thumb Minimum 160 HP / Minimum Weight 56,000 LBS / Minimum reach 30 feet at ground level
Regular Hourly Rate x Est. Quantity = Amount $____________ x 200 Hours $____________
Overtime Hourly Rate x Est. Quantity = Amount $____________ x 100 Hours $____________
Mobilization/Demobilization Est. Quantity = Amount (Movement between sites) $____________ x 2 EA $____________
Davis Bacon Wage Determination No.: WA20230075 Revision 1 dated 02/03/2023 is applicable to this procurement as incorporated herein.
0003 1 Job
CE-3: WATER TRUCK
FFP
Capacity 2000 - 2500-gal / Tank opening 22in / Fill air gap at top of tank / Minimum pumping rate 550 gpm at 55psi / Pump Drive - direct from truck / Sprinkler Heads 2 at the front 1 at each side in the middle, and 2 at the rear
Regular Hourly Rate x Est. Quantity = Amount $____________ x 200 Hours $____________
Overtime Hourly Rate x Est. Quantity = Amount $____________ x 100 Hours $____________
Mobilization/Demobilization Est. Quantity = Amount $____________ x 1 EA $____________
Davis Bacon Wage Determination No.: WA20230075 Revision 1 dated 02/03/2023 is applicable to this procurement as incorporated herein.
0004 1 Job
CE-4: CAT D5K2 DOZER OR SIMILAR
FFP
6 -Way Blade Minimum 105 HP / Minimum weight 20,000 LBS
Regular Hourly Rate x Est. Quantity = Amount $____________ x 120 Hours $____________
Overtime Hourly Rate x Est. Quantity = Amount $____________ x 60 Hours $____________
Mobilization/Demobilization Est. Quantity = Amount $____________ x 1 EA $____________
Davis Bacon Wage Determination No.: WA20230075 Revision 1 dated 02/03/2023 is applicable to this procurement as incorporated herein.
0005 1 Job
CE-5: CAT CS44B VIBRATORY COMPACTOR
FFP
Minimum 100 HP / Minimum Weight 15,000 LBS / Minimum 66" width drum
Regular Hourly Rate x Est. Quantity = Amount $____________ x 40 Hours $____________
Overtime Hourly Rate x Est. Quantity = Amount $____________ x 20 Hours $____________
Mobilization/Demobilization Est. Quantity = Amount (Movement between sites) $____________ x 2 EA $____________
Davis Bacon Wage Determination No.: WA20230075 Revision 1 dated 02/03/2023 is applicable to this procurement as incorporated herein.
0006 1 Job
CE-6: CAT 120M MOTOR GRADER OR SIMILAR
FFP
Minimum 135 HP / Minimum Weight 35,000 LBS / Minimum 12-ft blade length
Regular Hourly Rate x Est. Quantity = Amount $____________ x 20 Hours $____________
Mobilization/Demobilization Est. Quantity = Amount $____________ x 1 EA $____________
Davis Bacon Wage Determination No.: WA20230075 Revision 1 dated 02/03/2023 is applicable to this procurement as incorporated herein.
0007 1 Job
CE-7: 10-12 CY SOLO DUMP TRUCK
FFP
Haul up to Class V Riprap
Regular Hourly Rate x Est. Quantity = Amount $____________ x 40 Hours $____________
Overtime Hourly Rate x Est. Quantity = Amount $____________ x 20 Hours $____________
Mobilization/Demobilization Est. Quantity = Amount $____________ x 1 EA $____________
Davis Bacon Wage Determination No.: WA20230075 Revision 1 dated 02/03/2023 is applicable to this procurement as incorporated herein.
0008 1 Job
CE-8: CAT 304 CR COMPACT RADIUS
FFP
OR SIMILAR
Track Mounted Hydraulic Excavator w/ Hydraulic Thumb Minimum 45 HP / Minimum Weight 9,500 LBS / Minimum reach 18 feet at ground level
Regular Hourly Rate x Est. Quantity = Amount $____________ x 40 Hours $____________
Overtime Hourly Rate x Est. Quantity = Amount $____________ x 20 Hours $____________
Mobilization/Demobilization Est. Quantity = Amount $____________ x 1 EA $____________
Davis Bacon Wage Determination No.: WA20230075 Revision 1 dated 02/03/2023 is applicable to this procurement as incorporated herein.
0009 1 Job
OPTION CE-1: CAT 335F L COMPACT RADIUS
FFP
OR SIMILAR
Track Mounted Hydraulic Excavator w/ Hydraulic Thumb Minimum 200 HP / Minimum Weight 80,000 LBS / Minimum reach 30 feet at ground level
Regular Hourly Rate x Est. Quantity = Amount $____________ x 80 Hours $____________
Overtime Hourly Rate x Est. Quantity = Amount $____________ x 40 Hours $____________
Davis Bacon Wage Determination No.: WA20230075 Revision 1 dated 02/03/2023 is applicable to this procurement as incorporated herein.
0010 1 Job
OPTION CE-2: CAT 325F L COMPACT RADIUS
FFP
OR SIMILAR
Track Mounted Hydraulic Excavator w/ Hydraulic Thumb Minimum 160 HP / Minimum Weight 56,000 LBS / Minimum reach 30 feet at ground level
Regular Hourly Rate x Est. Quantity = Amount $____________ x 80 Hours $____________
Overtime Hourly Rate x Est. Quantity = Amount $____________ x 40 Hours $____________
Davis Bacon Wage Determination No.: WA20230075 Revision 1 dated 02/03/2023 is applicable to this procurement as incorporated herein.
0011 1 Job
OPTION CE-3: WATER TRUCK
FFP
Capacity 2000 - 2500-gal / Tank opening 22in / Fill air gap at top of tank / Minimum pumping rate 550 gpm at 55psi / Pump Drive - direct from truck / Sprinkler Heads 2 at the front 1 at each side in the middle, and 2 at the rear
Regular Hourly Rate x Est. Quantity = Amount $____________ x 80 Hours $____________
Overtime Hourly Rate x Est. Quantity = Amount $____________ x 40 Hours $____________
Davis Bacon Wage Determination No.: WA20230075 Revision 1 dated 02/03/2023 is applicable to this procurement as incorporated herein.
0012 1 Job
OPTION CE-4: CAT D5K2 DOZER OR SIMILAR
FFP
6 -Way Blade Minimum 105 HP / Minimum weight 20,000 LBS
Regular Hourly Rate x Est. Quantity = Amount $____________ x 40 Hours $____________
Overtime Hourly Rate x Est. Quantity = Amount $____________ x 20 Hours $____________
Davis Bacon Wage Determination No.: WA20230075 Revision 1 dated 02/03/2023 is applicable to this procurement as incorporated herein.
0013 1 Job
OPTION CE-5: CAT CS44B VIBRATORY COMPACTOR
FFP
Minimum 100 HP / Minimum Weight 15,000 LBS / Minimum 66" width drum
Regular Hourly Rate x Est. Quantity = Amount $____________ x 40 Hours $____________
Overtime Hourly Rate x Est. Quantity = Amount $____________ x 20 Hours $____________
Davis Bacon Wage Determination No.: WA20230075 Revision 1 dated 02/03/2023 is applicable to this procurement as incorporated herein.
0014 1 Job
OPTION CE-6: CAT 120M MOTOR GRADER OR SIMILAR
FFP
Minimum 135 HP / Minimum Weight 35,000 LBS / Minimum 12-ft blade length
Regular Hourly Rate x Est. Quantity = Amount $____________ x 10 Hours $____________
Davis Bacon Wage Determination No.: WA20230075 Revision 1 dated 02/03/2023 is applicable to this procurement as incorporated herein.
0015 1 Job
OPTION CE-7: 10-12 CY SOLO DUMP TRUCK
FFP
Haul up to Class V Riprap
Regular Hourly Rate x Est. Quantity = Amount $____________ x 40 Hours $____________
Overtime Hourly Rate x Est. Quantity = Amount $____________ x 20 Hours $____________
Davis Bacon Wage Determination No.: WA20230075 Revision 1 dated 02/03/2023 is applicable to this procurement as incorporated herein.
0016 1 Job
OPTION CE-8: CAT 304 CR COMPACT RADIUS
FFP
OR SIMILAR
Track Mounted Hydraulic Excavator w/ Hydraulic Thumb Minimum 45 HP / Minimum Weight 9,500 LBS / Minimum reach 18 feet at ground level
Regular Hourly Rate x Est. Quantity = Amount $____________ x 40 Hours $____________
Overtime Hourly Rate x Est. Quantity = Amount $____________ x 20 Hours $____________
Davis Bacon Wage Determination No.: WA20230075 Revision 1 dated 02/03/2023 is applicable to this procurement as incorporated herein.
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 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination N/A 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 N/A N/A N/A Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 05-JUL-2023 TO
30-AUG-2023
N/A US ARMY CORPS OF ENGINEERS
ANTHONY DOERSAM
SEATTLE DISTRICT
4735 E. MARIGINAL WAY S.
SEATTLE WA 98124-2388
(206) 764-3484
960506
0002 POP 05-JUL-2023 TO
30-AUG-2023
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 05-JUL-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 05-JUL-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 05-JUL-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
0006 POP 05-JUL-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
0007 POP 05-JUL-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
0008 POP 05-JUL-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
0009 POP 05-JUL-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
0010 POP 05-JUL-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
0011 POP 05-JUL-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
0012 POP 05-JUL-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
0013 POP 05-JUL-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
0014 POP 05-JUL-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
0015 POP 05-JUL-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
0016 POP 05-JUL-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
ITEM(S) 0001, 0002, 0003, 0004, 0005, 0006, 0007, 0008, 0009, 0010, 0011, 0012, 0013, 0014, 0015, 0016 -
STATEMENT OF WORK
SCOPE OF WORK
Snohomish Emergency Levee Repair
Equipment w/ Operator Snohomish, WA
EQUIPMENT REQUIRED:
Furnish all necessary supplies, materials, earthmoving, and support equipment, complete with operator.
a) CE-1, Cat 335F L Compact Radius or Similar Track Mounted Hydraulic Excavator w/ Hydraulic Thumb Minimum 200 HP / Minimum Weight 80,000 LBS / Minimum reach 30 feet at ground level
Base: 120 Regular Hours 60 Overtime Hours
Option: 80 Regular Hours 40 Overtime Hours
Mobilization/Demobilization (Movement between Sites): (2) Each
b) CE-2, Cat 325F L Compact Radius or Similar
Minimum 160 HP / Minimum Weight 56,000 LBS / Minimum reach 30 feet at ground level
Base: 200 Regular Hours 100 Overtime Hours
Option: 80 Regular Hours
c) CE-3: Water Truck Capacity 2000 - 2500-gal / Tank opening 22in / Fill air gap at top of tank / Minimum pumping rate 550 gpm at 55psi / Pump Drive - direct from truck / Sprinkler Heads 2 at the front 1 at each side in the middle, and 2 at the rear
Base: 200 Regular Hours 100 Overtime Hours
Option: 80 Regular Hours
Mobilization/Demobilization
d) CE-4, Cat D5K2 Dozer or Similar 6 -Way Blade Minimum 105 HP / Minimum weight 20,000 LBS
Base: 120 Regular Hours 60 Overtime Hours
Option: 40 Regular Hours 20 Overtime Hours
e) CE-5, Cat CS44B Vibratory Compactor
Minimum 100 HP / Minimum Weight 15,000 LBS / Minimum 66" width drum
Base: 40 Regular Hours
Option: 40 Regular Hours
f) CE-6, Cat 120M Motor Grader or Similar Minimum 135 HP / Minimum Weight 35,000 LBS / Minimum 12-ft blade length
Base: 20 Regular Hours Option: 10 Regular Hours
g) CE-7, 10-12 cy Solo Dump Truck
Haul up to Class V Riprap
Option: 40 Regular Hours
h) CE-8, Cat 304 CR Compact Radius or Similar
Minimum 45 HP / Minimum Weight 9,500 LBS / Minimum reach 18 feet at ground level
Option: 40 Regular Hours
LOCATION:
Equipment and operator furnished under this Purchase Order shall be delivered according to the attached map in on near Snohomish, WA and coordination with the on-site representative. There are 2 sites Marshland levee and Pilchuck levee. See attached map for locations.
WORK TO BE DONE:
The project consists of repairing and/or replacing riprap along the slops of the levee, reconstructing portions of the levee with fill material. Interim mobilization will be required to access all work locations.
COMMENCEMENT, PROSECUTION AND COMPLETION:
Work will begin as coordinated by the designated Emergency Management Representative. The anticipated POP is that work will start on or about 5 July 2023 and be completed by 30 August 2023.
INSPECTION AND SUPERVISION:
All work will be conducted in coordination with the onsite government representative of the Emergency Management Branch, Seattle District, Corps of Engineers.
SAFETY REQUIREMENTS:
Operation of equipment shall be conducted in accordance with the requirements of EM 385-1-1, “Safety and Health Requirements Manual”. All personnel are required to have PPE in accordance with EM 385 1-1. EM 385 1-1 can be found at: http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf
SECURITY:
The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the QAR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file
PAYMENT AND MEASUREMENT:
a) Payment Mobilization and Demobilization: Payment will be made at the purchase order lump sum price for Mobilization, Demobilization, and Site to Site Movement payment of which shall constitute full compensation for assembling equipment at site preparatory to starting work, and for removing it there from at completion of the work under direction of the Contracting Officer.
b) Measurement
Payment will be based on the actual hours worked as reflected by the US Army Corps of Engineers, Seattle District, rental equipment record. Invoices will show actual hours worked, partial payments authorized
EMAIL INVOICES TO:
POC will be given at time of award. Certified Payrolls and Owner/Operator Statements should be emailed to the POC, if applicable.
LOCATION MAP:
CLAUSES INCORPORATED BY REFERENCE
52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.203-12 Limitation On Payments To Influence Certain Federal Transactions
JUN 2020
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2020
52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-16 Commercial and Government Entity Code Reporting 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
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities
NOV 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
NOV 2021
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.212-1 Instructions to Offerors--Commercial Products and Commercial Services
MAR 2023
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
DEC 2022
52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (Deviation 2018-O0021)
MAR 2023
52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 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 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-41 Service Contract Labor Standards 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
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
JUN 2020
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 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
252.204-7012 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
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
MAY 2021
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.215-7008 Only One Offer DEC 2022 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JAN 2023
252.239-7017 (Dev) Notice of Supply Chain Risk (DEVIATION 2018-O0020) DEC 2022 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
JAN 2023
CLAUSES INCORPORATED BY FULL TEXT
52.204-17 OWNERSHIP OR CONTROL 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.
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.
(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.
(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:
Immediate owner CAGE code:
Immediate owner legal name: ___
(Do not use a ``doing business as'' name)
Is the immediate owner owned or controlled by another entity?:
[ ___ ] Yes or [ ___ ] No.
(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code:
Highest-level owner legal name:
(Do not use a ``doing business as'' name)
(End of provision)
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).
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (DEC 2022) 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 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 concern"--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern"--
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13
CFR 121.103.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002", means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has…
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