B.08.02_-_Combined_Synopsis_Solicitation_-_W912HP19Q5000_-_SV_Shipyard_Services.pdf

COMBINED SYNOPSIS/SOLICITATION

This notice is being posted as an avenue to provide Request for Quotes, W912HP19Q5000.

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information in this notice. THIS

ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTES ARE BEING

REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED. This procurement will be 100% set aside for only Small Businesses. The North American Industry Classifications System (NAICS) is 336611 with a small business size standard of 1,250 Employees. This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2019-01.

Title of Requirement: Annual Survey Vessels Shipyard Maintenance Services

Description of Requirement: The contractor shall provide all management, personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and applicable licenses and permits necessary for Survey Vessel (S/V) EVANS and Survey Vessel (S/V) Heiselman Annual Shipyard Maintenance Services, as defined in the Performance Work Statement, except for those items specified as government furnished property and services.

The contractor shall perform to the standards in this solicitation. Performance will be at a Contractor provided facility in the Charleston SC area.

Submission Requirements: Quotes should be E-mailed to Mr. Addison Layfield by 1:00 p.m.

Eastern Time on March 1, 2019 at addison.g.layfield@usace.army.mil. Please courtesy copy, Mrs. Tonya Willis at tonya.d.willis@usace.army.mil.

Basis for Award: The Government will make an award to the lowest priced offer which is deemed responsive, responsible, and technically acceptable. The price must be determined to be fair and reasonable. This is in accordance with Federal Acquisition Regulations (FAR) 52.212-2, Evaluation – Commercial Items, and FAR 9.104.

The Government reserves the right to cancel this solicitation.

U.S. Army Corps of Engineers – Savannah District Point of Contact: Addison Layfield

Phone: (843) 329-8194 Email: addison.g.layfield@usace.army.mil

Please complete the following form in addition to the price quote starting on page 4.

CONTRACTOR: _____________________________________________________________

DUNS NO.: _____________________________________________________________

CAGE CODE: _____________________________________________________________

TAX ID NO.: _____________________________________________________________

E-MAIL: _____________________________________________________________

PHONE NO.: _____________________________________________________________

DATE OF QUOTE: ___________________________________________________________

Quote Prepared By:

(Printed Name and Title) (Signature)

The Contractor, certifies by signing this document, understands and complies with the requirements listed in the Performance Work Statement (PWS) and shall provide services meeting or exceeding the requirements.

NOTES TO OFFEROR

Note 1: Quotes shall meet the Requirements to be eligible for an award. PARTIES INTERESTED IN RESPONDING TO THIS RFQ may submit their Quote in accordance with standard commercial practice (i.e. Quote form, letterhead, etc.) and MUST INCLUDE THE FOLLOWING INFORMATION:

Solicitation number; offerors complete mailing and remittance addresses; discount terms, DUNS number, and Tax Identification Number. Any prospective awardee shall be registered and active in the System Award Management (SAM) database prior to any award of a contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.acquisition.gov or by calling 866-606-8220.

Note 2: All questions are to be directed no later than 11:00 a.m. Eastern Time two days prior to quote due date to Addison Layfield at addison.g.layfield@usace.army.mil. Please courtesy copy, Mrs. Tonya Willis at tonya.d.willis@usace.army.mil.

Note 3: The Taxpayer Identification Number may be used by the Government to collect and report on any delinquent amounts arising out of the contractor’s relationship with the Government.

Note 4: The completed Offeror Representations and Certifications-Commercial Items (FAR 52.212-3) or Notation that company is registered in SAM (https://www.sam.gov) must be submitted along with each Quote.

Note 5: This acquisition will utilize Simplified Acquisition Procedures pursuant to FAR 13.1.

Note 6: Options may be exercised in accordance with FAR 52.217-7 -- Option for Increased Quantity- Separately Priced Line Item

Note 7: Coordination for viewing the vessels prior to submission may be made through Mr. Chris Murden at charles.c.murden@usace.army.mil or 843-329-8203.

W912HP19Q5000

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1010 1 Job S/V EVANS SHIPYARD WORK - BASE YR S/V EVANS Annual Shipyard

Maintenance Services at a facility within the Charleston SC area, as defined in the attached Performance Work Statement.

FOB: Destination

NET AMT

1011 1 Job ADDITIONAL ONE TIME SERVICES - BASE YR S/V EVANS additional services

1020 1 Job OPTION S/V EVANS SHIPYARD WORK - OPT YR 1 S/V EVANS Annual Shipyard

Maintenance Services at a facility within the Charleston SC area, as defined in the

1030 1 Job OPTION S/V EVANS SHIPYARD WORK - OPT YR 2 S/V EVANS Annual Shipyard

Maintenance Services at a facility within the Charleston SC area, as defined in the

1040 1 Job OPTION S/V EVANS SHIPYARD WORK - OPT YR 3 S/V EVANS Annual Shipyard

Maintenance Services at a facility within the Charleston SC area, as defined in the

1050 1 Job OPTION S/V EVANS SHIPYARD WORK - OPT YR 4 S/V EVANS Annual Shipyard

Maintenance Services at a facility within the Charleston SC area, as defined in the

2010 1 Job S/V HEISELMAN SHIPYARD WORK - BASE YR S/V HEISELMAN Annual

Shipyard Maintenance Services at a facility within the Charleston SC area, as defined in the attached Performance Work Statement.

2020 1 Job OPTION S/V HEISELMAN SHIPYARD WORK - OPT YR 1 S/V HEISELMAN Annual

Shipyard Maintenance Services at a facility within the Charleston SC area, as

2030 1 Job OPTION S/V HEISELMAN SHIPYARD WORK - OPT YR 2 S/V HEISELMAN Annual

Shipyard Maintenance Services at a facility within the Charleston SC area, as

2040 1 Job OPTION S/V HEISELMAN SHIPYARD WORK - OPT YR 3 S/V HEISELMAN Annual

Shipyard Maintenance Services at a facility within the Charleston SC area, as

2050 1 Job OPTION S/V HEISELMAN SHIPYARD WORK - OPT YR 4 S/V HEISELMAN Annual

Shipyard Maintenance Services at a facility within the Charleston SC area, as

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT (PWS)

Annual Shipyard Maintenance Services

Part 1 General Information

1. GENERAL: This is a non-personal services contract to provide USACE, Charleston District, Navigation Section, with Annual Shipyard Maintenance Services, at a facility within the Charleston SC area. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all management, personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and applicable licenses and permits necessary for S/V EVANS and S/V HEISELMAN Annual Shipyard Maintenance Services, as defined in this Performance Work Statement, except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract. Performance will be at a Contractor’s provided facility in the Charleston SC area.

1.2 Vessel Descriptions and Locations:

1.2.1 The EVANS is a 42-foot aluminum SeaArk Dauntless deep-V vessel with a beam of 14 feet, and a depth of 9'-0". The loaded draft of the vessel is 4 feet, 4 inches forward and aft. Tonnage is 18 tons loaded and 14 tons light. Vessel clearance is 19 feet to the top of the mast. The S/V Evans is currently located at the Federal Law Enforcement Training Center, Pier P, North Charleston, SC 29405.

1.2.2 The HEISELMAN is a 26 foot aluminum Armstrong catamaran with a beam of 8.5 feet. The loaded draft of the vessel is 2 feet forward and aft. The tonnage is 5 tons. The vessel is transported on a trailer.

1.3 Scope and Services: The contractor shall provide all necessary services required to perform annual shipyard maintenance on S/V EVANS including (CLINS 1010, 1020, 1030, 1040, 1050):

1. Haul-out services: docking and un-docking, shore power. Provide temporary ship services.

The contractor shall provide all management, personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and applicable licenses and permits necessary to perform S/V EVANS Annual Shipyard Maintenance Services.

2. Annual bottom hull cleaning and inspection.

Pressure wash the underwater hull to deck cap rail and fittings with fresh water at a minimum of 3,000 PSIG nozzle pressure to remove dirt, slime, marine growth, fouling and other foreign substances. Power tool clean inaccessible areas where washing equipment cannot reach and areas showing excessive corrosion. Accomplish a visual inspection of the entire underwater body, hull, rudders and freeboard surfaces after pressure washer cleaning. Document all discrepancies and deliver report to QAR or Government Representative prior to hull repainting.

3. Annual inspection of bilge pump and high water alarm system.

Verify all pumps are working correctly, electrical wiring is not deteriorated, hoses are not deteriorated and high water alarm system is functioning properly.

4. Annual inspection of through hull fittings.

5. Annual inspection and adjustment of steering gear.

6. Annual inspection and repair of rudder system. Inspect, prepare, epoxy fill sand smooth any pitted or rotted void areas on rudders, painted running gear and hull below water line prior to painting.

7. Annual propeller shafts, cutlass bearings, and shaft seals inspection.

Clean and inspect propeller shafts, cutlass bearings, and shaft seals. Clean, inspect, and prepare and apply Petit Barnacle Spray on both props.

8. Replace cutlass bearings (base year, option year 2, option year 4)

9. Annual engine alignment on both shafts.

10. Annual hull, shaft, and rudder zinc anode replacement.

Remove all remaining marine growth and oxide coating from all hull, rudder, shaft hub/strut, zinc anodes, as applicable, using a light-wire brush. Inspect each zinc anode, replace as necessary with CMDIVERA Zincs. Ensure that new zinc anodes are free from preservation coatings.

11. Annual propeller cleaning and inspection. including prep and apply Petit Barnacle spray on both props.

12. Repainting of hull and exterior decks and surfaces to in the following order following paint manufactures specs for application:

Base Year: Prepare, primer where necessary, remove bootstripe, and paint waterline to gunnels rolling on one coat of Federal Spec 17038 (Black) one part polyurethane marine paint. Touch up paint all lettering and signage below d-rail and on transom white where discolored or had overspray from paint.

Option Year 1: Prepare, primer where necessary, and paint masts rolling on one coat of Federal Spec 17038 (Black) one part polyurethane marine paint and cowlings and exterior cabin with Federal Spec 17855 (Old ivory) one part polyurethane marine paint.

Option Year 2: Prepare (remove existing non-skid), primer where necessary, and paint roofs with Federal Spec 16187 (Slate Grey) one part polyurethane marine paint and non-skid.

Option Year 3: Prepare (remove existing non-skid), primer where necessary, and paint decks with Federal Spec deck red 10076 (Deck Red) one part polyurethane marine paint and non-skid.

Option Year 4: Prepare, primer where necessary, and paint bimini top and water way, rolling on one coat of Federal Spec 17855 (Old ivory) one part polyurethane marine paint, deck fittings, cleats etc.

with 13655 OSHA Safety Yellow one part polyurethane marine paint, and hand rails and cranes with Federal Spec 17038 (Black) one part polyurethane marine paint.

13. Annual repainting of up to 25% of bottom hull.

Prepare following paint manufactures specs, primer where necessary, and paint bottom, rolling on one coat of black color antifouling paint Sea-Hawk Biocop SHK-12051GL or equivalent.

14. Annual inspection and maintenance of Arid Bilge system

15. Annual inspection and maintenance on air conditioning system.

16. Inspect, provide maintenance to, and adjust for proper fit on all deck hatches.

17. Replace deck hatch seals (base year, option year 2, option year 4)

18. Clean bilge areas.

Clean out and power steam clean all bilge areas including engine room, lazarette, bilge area below deck in main saloon, forward bilge area, and anchor well. Ensure all equipment is protected from water and steam and that work area is dry when project is completed.

19. Dock and Sea Trials. Accomplish dock and sea trial operational test of equipment repaired or modified during this availability. S/V EVANS crew will operate all equipment to ensure that the vessel is ready for dock and sea trials. Equipment repaired or modified during this shipyard maintenance period will be operated in accordance with the requirements of applicable manuals and/or procedures

The contractor shall provide all necessary services required to perform annual shipyard maintenance on S/V HEISELMAN including (CLINS 2010, 2020, 2030, 2040, 2050):

1. Annual clear coating of the bottom and topside of the vessel. Apply Nyalic or Sharkhide clear surface protectant per manufactures instructions to areas of the hull and topside where protectant has worn off.

Prep surface thoroughly to remove oxidation before application.

2. Annual touchup of the antifouling paint on the hull. Prepare, primer where necessary, and paint bottom, with Sea-Hawk Biocop SHK-12051GL or better.

3. Annual inspection and adjustment of steering system.

4. Inspect, provide maintenance to, and adjust for proper fit on all deck hatches.

5. Replace deck hatch seals (base year, option year 2, option year 4)

6. Annual inspection of bilge pump system.

Verify all pumps are working correctly, electrical wiring is not deteriorated, and hoses are not deteriorated.

7. Annual inspection and maintenance on air conditioning system.

8. Clean bilge areas.

Clean out and power steam clean all bilge areas and anchor well. Ensure all equipment is protected from water and steam and that work area is dry when project is completed.

Base Period additional one time services for the SV EVANS (CLIN 1011).

1. Replace both port and starboard engine emergency fuel stop cables.

2. Replace rudder angle follower and ensure rudder indicator is fully operational after other repairs are completed.

3. Install structural support on removable step located in main cabin. Confirm that supports will not impede with the use or removal of steps.

4. Remove and replace electric toilet and water pump to toilet with a comparable or equal model.

5. Prepare, primer where necessary, and paint interior of doors leading into the cabin and bridge.

6. Remove, prepare, primer, and apply non-skid and paint to stairs leading from the exterior main deck into the cabin, from the cabin up to the bridge and from the bridge leading down into the head.

7. Replace battery banks with six new 8d batteries equivalent or better than type WORKAHOLIC 8D-XHD 1155CCA Heavy Duty.

8. Reinstall dehumidifier system in engine room.

9. Remove and repair Cummins electronic throttle.

10. Replace generator coolant runoff hose.

11. Replace fuel tank test valves in lazarette.

12. Repair slow diesel fuel leak located on aft engine room bulkhead.

13. Diagnose Northern Lights Generator (12kw) failure (the contract will be modified at a later time to include the repair requirement upon diagnoses).

Additional requirements/repairs not noted above may be required annually and may be added via a negoationed modification. All requirements deemed repairs are hereby considered in-scope.

1.4 Period of Performance:

Base Period 04/1/2019 – 03/30/2020 Option Year I 04/1/2020 – 03/30/2021 Option Year II 04/1/2021 – 03/30/2022 Option Year III 04/1/2022 – 03/30/2023 Option Year IIII 04/1/2023 – 03/30/2024

Work shall be performed during April – May for SV Evans and November for SV Heiselman for the base period and all option periods.

1.5 General Information

1.5.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

1.5.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP.) This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards.

It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.5.3 Recognized Holidays: The Government will not perform on the following holidays: New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.5.4 Hours of Operation: Not Applicable.

1.5.5 Place of Performance: The work to be performed under this contract will be performed at the Contractor’s facility.

1.5.6 Type of Contract: The contract will be a firm-fixed price contract.

1.5.7 Key Control: Not Applicable

1.5.8 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Quality Assurance Representative (QAR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the Contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.5.9 Quality Assurance Representative (QAR): The QAR monitors all technical aspects of the contract and assists in contract administration. The QAR is assures that the Contractor performs the technical requirements of the contract, performs inspections necessary in connection with contract performance, maintains written and oral communications with the Contractor concerning technical aspects of the contract, monitors Contractor performance and notifies both the Contracting Officer and Contractor of any deficiencies: coordinate availability of government furnished property, and provide site entry of Contractor personnel. The QAR is not authorized to change any of the terms and conditions of the resulting order.

1.5.10 Contract Manager: The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

1.6 Antiterrorism and Operational Security Requirements

1.6.1 AT Level I Training: All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

1.6.2 Access and General Protection/Security Policy and Procedures: All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office.

Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

1.6.3 Suspicious Activity Reporting Training: The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

1.6.4 For Contracts that Require OPSEC Training: All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites: https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.

1.6.5 Pre-screen candidates using E-Verify Program: 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 COR no later than 3 business days after the initial contract award.

1.6.6 Threat Awareness Reporting Program: All new contractor employees will complete annual Threat Awareness and Reporting Program (TARP) Training provided by a Counterintelligence Agent, IAW AR 381-12 . The contractor shall submit certificates of completion for each affected contractor and subcontractor employee(s) or a memorandum for the record, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. Authorized webbased TARP training for CAC card holders is available at the following website: https://www.us.army.mil/suite/page/655474

1.7 Wage Determination: The contractor must adhere to all applicable SCA Wage Determinations. The following wage determination is applicable and can be found in full text at www.wdol.gov.

WD 15-4427 (Rev.-10) was first posted on www.wdol.gov on 01/01/2019

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

1010 POP 01-APR-2019 TO

31-MAR-2020

N/A LOW COUNTRY RESIDENT OFFICE

MATT FOSS

1050 REMOUNT ROAD BLDG 3555

NORTH CHARLESTON SC 29406

843-329-8206

W912HP

1011 N/A N/A N/A N/A

1020 POP 01-APR-2020 TO

31-MAR-2021

N/A LOW COUNTRY RESIDENT OFFICE

MATT FOSS

1050 REMOUNT ROAD BLDG 3555

NORTH CHARLESTON SC 29406

843-329-8206

1030 POP 01-APR-2021 TO

31-MAR-2022

N/A (SAME AS PREVIOUS LOCATION)

1040 POP 01-APR-2022 TO

31-MAR-2023

N/A (SAME AS PREVIOUS LOCATION)

1050 POP 01-APR-2024 TO

31-MAR-2025

N/A (SAME AS PREVIOUS LOCATION)

2010 POP 01-APR-2019 TO

31-MAR-2020

N/A (SAME AS PREVIOUS LOCATION)

2020 POP 01-APR-2020 TO

31-MAR-2021

N/A (SAME AS PREVIOUS LOCATION)

2030 POP 01-APR-2022 TO

31-MAR-2023

N/A (SAME AS PREVIOUS LOCATION)

2040 POP 01-APR-2023 TO

31-MAR-2024

N/A (SAME AS PREVIOUS LOCATION)

2050 POP 01-APR-2024 TO

31-MAR-2025

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

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

Section G - Contract Administration Data

252.204-7006 Billing Instructions OCT 2005

Section I - Contract Clauses

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.246-1 Contractor Inspection Requirements APR 1984 52.249-4 Termination For Convenience Of The Government (Services)

(Short Form)

APR 1984

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

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

MAY 2016

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (OCT 2018)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

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

C).

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

L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

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

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

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

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

____ (13) [Reserved]

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

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

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

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

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

____ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

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

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

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

____ (v) Alternate IV (Aug 2018) of 52.219-9.

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

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

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

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

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

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

X (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (Feb 1999) of 52.222-26.

X (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

____ (ii) Alternate I (July 2014) of 52.222-35.

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

____ (ii) Alternate I (July 2014) of 52.222-36.

X (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

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

13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

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

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).

____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

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

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

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

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

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

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

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

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

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

____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (48) 52.225-5, Trade Agreements (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

5150).

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

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

X (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C.

3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

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

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

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

____ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

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

____ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

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

X (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

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

chapter 67).

_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

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

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

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

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O.

13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter

67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

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

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause

52.247-64.

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

(End of clause)

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 Calendar Days prior to expiration of the contract. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/ https://www.acquisition.gov/

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (DFARS) (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

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

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

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

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

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

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

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

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

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

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

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

(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

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

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC ____ Issue By DoDAAC ____ Admin DoDAAC ____ Inspect By DoDAAC ____ Ship To Code ____ Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) ____ Service Acceptor (DoDAAC) ____ Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

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

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

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

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

Section K - Representations, Certifications and Other Statements of Offerors

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

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 (u)) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and…