W912PB24R3010 Final IDT RPE.pdf
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- Solicitation number
- W912PB24R3010
About this file
This document is a solicitation for a contract to provide Preventive Maintenance and Repair of Heating, Cooling systems, and real property equipment within the USAG Ansbach area. The contract is a non-personal services contract, with the contractor performing to the standards specified in the Performance Work Statement (PWS). The contract has a base period and four option periods. Pricing is a combination of firm-fixed-price for preventive maintenance and time-and-materials for repair services. The solicitation is set aside for small businesses. Key requirements include the contractor having various certifications and qualified key personnel. Offers are due by September 16, 2024 and the contract will be awarded using the Lowest Price Technically Acceptable source selection process.
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SEE ADDENDUM
(No Collect Calls)
W912PB24R3010 26-Aug-2024
b. TELEPHONE NUMBER
+49-9641-70-526-8779
8. OFFER DUE DATE/LOCAL TIME
01:00 PM 16 Sep 2024
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA 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.
W912PB9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
REYNOLDS, DERRICK L.
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
0012005674
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 ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
RCO BAVARIA
AMERIKANISCHE BESCHAFFUNGSSTELLE
GEB 542
92655 GRAFENWOEHR LAGER
GERMANY
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 WK4FRD 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
W6FH USAG ANSBACH
5843-A BISMARCK KASERNE
91522 ANSBACH-KATTERBACH
GERMANY
TEL: FAX:
FAX:
TEL: SEE NAME OF POC SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
NAICS:
811310
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 OF91
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.
W912PB24R3010
Section SF 1449 - CONTINUATION SHEET
SOLICITATION / AWARD INFORMATION AND INSTRUCTION
General Information
Regional Contracting Office POC
Contract Specialist: Derrick Reynolds
COMM: 09641-70-526-8775
DSN: 526-8775
E-mail: Derrick.L.reynolds2.civ@army.mil
Customer POC: (to be added at time of award)
Short Description of Requirement: Preventive Maintenance and Repair of Real Property Equipment within the USAG Ansbach Area
SAM AND WAWF INFO
1. SAM BACKGROUND
The System for Award Management (SAM) is a computer system accessed by the Internet managed by the U.S. Government.
Entities must have an active registration in SAM to do business with the U.S. Government. An “entity” is the company, business, or organization registering in SAM.
2. WIDE AREA WORKFLOW (WAWF) BACKGROUND
WAWF (as part of PIEE – Procurement Integrated Enterprise Environment) is a convenient online solution that allows vendors to electronically submit invoices and receiving reports; allows the Government to perform inspection and acceptance of goods and services, and interfaces with payment systems to receive transactions electronically.
IMPORTANT NOTE:
Please see further instructions to offerors in the ADDENDA section
ITEM NO SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE ESTIMATED AMOUNT
0001 1 Job OMA Preventive Maintenance
FFP
Base Period, OMA Preventive Maintenance in accordance with the attached PWS, ELINS (A001-A044 & A056-A059), and Techical Exhibits.
FOB: Destination
PURCHASE REQUEST NUMBER: 0012005674
PSC CD: R411
ESTIMATED
NET AMT
UNIT UNIT PRICE ESTIMATED AMOUNT
0002 1 Job AFH Preventive Maintenance
FFP
Base Period, AFH Preventive Maintenance in accordance with the attached PWS, ELINS (A045-A055), and Technical Exhibits.
FOB: Destination
ITEM NO SUPPLIES/SERVICES EST.
UNIT UNIT PRICE EST. AMOUNT
0003 4,000 Hours OMA Regular Repair
LH
Base Period, OMA Regular Repair in accordance with the PWS and Technical Exhibits.
FOB: Destination
TOT ESTIMATED PRICE
CEILING PRICE
UNIT UNIT PRICE EST. AMOUNT
0004 800 Hours AFH Regular Repair
LH
Base Period, AFH Regular Repair in accordance with the PWS and Technical Exhibits.
FOB: Destination
UNIT UNIT PRICE EST. AMOUNT
0005 900 Hours OMA Emergency Repair
LH
Base Period, OMA Emergency Repair in accordance with the PWS and Technical Exhibits.
FOB: Destination
UNIT UNIT PRICE EST. AMOUNT
0006 300 Hours AFH Emergency Repair
LH
Base Period, AFH Emergency Repair in accordance with the PWS and Technical Exhibits.
FOB: Destination
UNIT UNIT PRICE EST. AMOUNT
0007 1 Job OMA Replacement Parts
T&M Base Period, Replacement Parts in accordance with the PWS and Technical Exhibits.
Government will enter the amount for this CLIN at time of award. "Do not enter a price".
FOB: Destination
UNIT UNIT PRICE EST. AMOUNT
0008 1 Job AFH Replacement Parts
T&M Base Period, AFH Replacement Parts in accordane with the PWS and Technical Exhibits.
Government will enter the amount for this CLIN at time of award. "Do not enter a price".
FOB: Destination
UNIT UNIT PRICE ESTIMATED AMOUNT
1001 1 Job OPTION OMA Preventative Maintenance
FFP
First Option Period, OMA Preventive Maintenance in accordance with the attached PWS, ELINS (B001-B044 & B056-B059), and Technical Exhibits.
FOB: Destination
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1002 1 Job OPTION AFH Preventative Maintenance
FFP
First Option Period, AFH Preventive Maintenance in accordance with the attached PWS, ELINS (B045-B055), and Technical Exhibits.
FOB: Destination
UNIT UNIT PRICE EST. AMOUNT
1003 4,000 Job OPTION OMA Regular Repair
LH
First Option Period, OMA Regular Repair in accordance with the PWS and Technical Exhibits.
FOB: Destination
UNIT UNIT PRICE EST. AMOUNT
1004 800 Hours OPTION AFH Regular Repair
LH
First Option Period, AFH Regular Repair in accordance with the PWS and Technical Exhibits.
FOB: Destination
UNIT UNIT PRICE EST. AMOUNT
1005 900 Hours OPTION OMA Emergency Repair
LH
First Option Period, OMA Emergency Repair in accordance with the PWS and Technical Exhibits.
FOB: Destination
UNIT UNIT PRICE EST. AMOUNT
1006 300 Hours OPTION AFH Emergency Repair
LH
Base Period, AFH Emergency Repair in accordance with the PWS and Technical Exhibits.
FOB: Destination
UNIT UNIT PRICE EST. AMOUNT
1007 1 Job OPTION OMA Replacement Parts
T&M Base Period, Replacement Parts in accordance with the PWS and Technical Exhibits.
Government will enter the amount for this CLIN at time of award. "Do not enter a price".
FOB: Destination
UNIT UNIT PRICE EST. AMOUNT
1008 1 Job OPTION AFH Replacement Parts
T&M Base Period, AFH Replacement Parts in accordane with the PWS and Technical Exhibits.
Government will enter the amount for this CLIN at time of award. "Do not enter a price".
FOB: Destination
UNIT UNIT PRICE ESTIMATED AMOUNT
2001 1 Job OPTION OMA Preventative Maintenance
FFP
Second Option Period, OMA Preventive Maintenance in accordance with the attached PWS, ELINS (C001-C044 & C056-C059), and Technical Exhibits.
FOB: Destination
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
2002 1 Job OPTION AFH Preventative Maintenance
FFP
Second Option Period, AFH Preventive Maintenance in accordance with the attached PWS, ELINS (C045-C055), and Technical Exhibits.
FOB: Destination
UNIT UNIT PRICE EST. AMOUNT
2003 4,000 Hours OPTION OMA Regular Repair
LH
Second Option Period, OMA Regular Repair in accordance with the PWS, and Technical Exhibits.
FOB: Destination
UNIT UNIT PRICE EST. AMOUNT
2004 800 Hours OPTION AFH Regular Repair
LH
Second Option Period, AFH Regular Repair in accordance with the PWS, and Technical Exhibits.
FOB: Destination
UNIT UNIT PRICE EST. AMOUNT
2005 900 Hours OPTION OMA Emergency Repair
LH
Second Option Period, OMA Emergency Repair in accordance with the PWS, and Technical Exhibits.
FOB: Destination
UNIT UNIT PRICE EST. AMOUNT
2006 300 Hours OPTION AFH Emergency Repair
LH
Second Option Period, AFH Emergency Repair in accordance with the PWS, and Technical Exhibits.
FOB: Destination
UNIT UNIT PRICE EST. AMOUNT
2007 1 Job OPTION OMA Replacement Parts
T&M Second Option Period, Replacement Parts in accordance with the PWS, and Technical Exhibits.
Government will enter the amount for this CLIN at time of award. "Do not enter a price".
FOB: Destination
UNIT UNIT PRICE EST. AMOUNT
2008 1 Job OPTION AFH Replacement Parts
T&M Second Option Period, AFH Replacement Parts in accordane with the PWS, and Technical Exhibits.
Government will enter the amount for this CLIN at time of award. "Do not enter a price".
FOB: Destination
UNIT UNIT PRICE ESTIMATED AMOUNT
3001 1 Job OPTION OMA Preventative Maintenance
FFP
Third Option Period, OMA Preventive Maintenance in accordance with the attached PWS, ELINS (D001-D044 & D056-D059), and Technical Exhibits.
FOB: Destination
UNIT UNIT PRICE ESTIMATED AMOUNT
3002 1 Job OPTION AFH Preventative Maintenance
FFP
Third Option Period, AFH Preventive Maintenance in accordance with the attached PWS, ELINS (D045-D055), and Technical Exhibits.
FOB: Destination
UNIT UNIT PRICE EST. AMOUNT
3003 4,000 Hours OPTION OMA Regular Repair
LH
Third Option Period, OMA Regular Repair in accordance with the PWS and Technical Exhibits.
FOB: Destination
UNIT UNIT PRICE EST. AMOUNT
3004 800 Hours OPTION AFH Regular Repair
LH
Third Option Period, AFH Regular Repair in accordance with the PWS and Technical Exhibits.
FOB: Destination
UNIT UNIT PRICE EST. AMOUNT
3005 900 Hours OPTION OMA Emergency Repair
LH
Third Option Period, OMA Emergency Repair in accordance with the PWS and Technical Exhibits.
FOB: Destination
UNIT UNIT PRICE EST. AMOUNT
3006 300 Hours OPTION 3006 AFH Emergency Repair
LH
Third Option Period, AFH Emergency Repair in accordance with the PWS and Technical Exhibits.
FOB: Destination
UNIT UNIT PRICE EST. AMOUNT
3007 1 Job OPTION OMA Replacement Parts
T&M Thrid Option Period, Replacement Parts in accordance with the PWS and Technical Exhibits.
Government will enter the amount for this CLIN at time of award. "Do not enter a price".
FOB: Destination
UNIT UNIT PRICE EST. AMOUNT
3008 1 Job OPTION AFH Replacement Parts
T&M Third Option Period, AFH Replacement Parts in accordane with the PWS and Technical Exhibits.
Government will enter the amount for this CLIN at time of award. "Do not enter a price".
FOB: Destination
UNIT UNIT PRICE ESTIMATED AMOUNT
4001 1 Job OPTION OMA Preventative Maintenance
FFP
Fourth Option Period, OMA Preventive Maintenance in accordance with the attached PWS, ELINS (E001-E044 & E056-E059), and Technical Exhibits.
FOB: Destination
UNIT UNIT PRICE ESTIMATED AMOUNT
4002 1 Job OPTION AFH Preventative Maintenance
FFP
Fourth Option Period, AFH Preventive Maintenance in accordance with the attached PWS, ELINS (E045-E055), and Technical Exhibits.
FOB: Destination
UNIT UNIT PRICE EST. AMOUNT
4003 4,000 Hours OPTION OMA Regular Repair
LH
Fourth Option Period, OMA Regular Repair in accordance with the PWS and Technical Exhibits.
FOB: Destination
UNIT UNIT PRICE EST. AMOUNT
4004 800 Hours OPTION AFH Regular Repair
LH
Fourth Option Period, AFH Regular Repair in accordance with the PWS and Technical Exhibits.
FOB: Destination
UNIT UNIT PRICE EST. AMOUNT
4005 900 Hours OPTION OMA Emergency Repair
LH
Fourth Option Period, OMA Emergency Repair in accordance with the PWS and Technical Exhibits.
FOB: Destination
UNIT UNIT PRICE EST. AMOUNT
4006 300 Hours OPTION AFH Emergency Repair
LH
Fourth Option Period, AFH Emergency Repair in accordance with the PWS and Technical Exhibits.
FOB: Destination
UNIT UNIT PRICE EST. AMOUNT
4007 1 Job OPTION OMA Replacement Parts
T&M Fourth Option Period, Replacement Parts in accordance with the PWS and Technical Exhibits.
Government will enter the amount for this CLIN at time of award. "Do not enter a price".
FOB: Destination
UNIT UNIT PRICE EST. AMOUNT
4008 1 Job OPTION AFH Replacement Parts
T&M Fourth Option Period, AFH Replacement Parts in accordane with the PWS and Technical Exhibits.
Government will enter the amount for this CLIN at time of award. "Do not enter a price".
FOB: Destination
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-DEC-2024 TO
30-NOV-2025
N/A W6FH USAG ANSBACH
5843-A BISMARCK KASERNE
91522 ANSBACH-KATTERBACH
GERMANY
FOB: Destination
WK4FRD
0002 POP 01-DEC-2024 TO
30-NOV-2025
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 01-DEC-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 01-DEC-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 01-DEC-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
0006 POP 01-DEC-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
0007 POP 01-DEC-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
0008 POP 01-DEC-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 01-DEC-2025 TO
30-NOV-2026
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 01-DEC-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 01-DEC-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
1004 POP 01-DEC-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
1005 POP 01-DEC-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
1006 POP 01-DEC-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
1007 POP 01-DEC-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
1008 POP 01-DEC-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-DEC-2026 TO
30-NOV-2027
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 01-DEC-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 01-DEC-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
2004 POP 01-DEC-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
2005 POP 01-DEC-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
2006 POP 01-DEC-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
2007 POP 01-DEC-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
2008 POP 01-DEC-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-DEC-2027 TO
30-NOV-2028
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 01-DEC-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
3003 POP 01-DEC-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
3004 POP 01-DEC-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
3005 POP 01-DEC-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
3006 POP 01-DEC-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
3007 POP 01-DEC-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
3008 POP 01-DEC-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 01-DEC-2028 TO
30-NOV-2029
N/A (SAME AS PREVIOUS LOCATION)
4002 POP 01-DEC-2028 TO
N/A (SAME AS PREVIOUS LOCATION)
4003 POP 01-DEC-2028 TO
N/A (SAME AS PREVIOUS LOCATION)
4004 POP 01-DEC-2028 TO
N/A (SAME AS PREVIOUS LOCATION)
4005 POP 01-DEC-2028 TO
N/A (SAME AS PREVIOUS LOCATION)
4006 POP 01-DEC-2028 TO
N/A (SAME AS PREVIOUS LOCATION)
4007 POP 01-DEC-2028 TO
N/A (SAME AS PREVIOUS LOCATION)
4008 POP 01-DEC-2028 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020
52.204-21 Basic Safeguarding of Covered Contractor Information Systems
NOV 2021
52.212-1 Instructions to Offerors--Commercial Products and Commercial Services
SEP 2023
52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements-- Commercial Acquisition
NOV 2021
52.222-56 Certification Regarding Trafficking in Persons Compliance Plan.
OCT 2020
52.225-14 Inconsistency Between English Version And Translation Of Contract
FEB 2000
52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.232-37 Multiple Payment Arrangements MAY 1999 52.237-1 Site Visit APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
SEP 2022
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
MAY 2024
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer DEC 2022 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7041 Correspondence in English JUN 1997 252.225-7055 Representation Regarding Business Operations with the
Maduro Regime
MAY 2022
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime
JAN 2023
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
JAN 2023
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JAN 2023
252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
NOV 2023
252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7023 Transportation of Supplies by Sea 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)
52.204-24 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.
52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)
(a) Definitions. As used in this clause--
Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.
Information technology, as defined in 40 U.S.C. 11101(6)--
(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use-
(i) Of that equipment; or
(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;
(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but
(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.
(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, "No TikTok on Government Devices" Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.
(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.
(End of clause)
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
1. Technical
2. Price
The Government will make an award using the lowest price technically acceptable (LPTA) source selection process.
Award will be made on the basis of the lowest evaluated price of proposals meeting the acceptability standards for nonprice factors.
Factor 1: Technical The Technical rating will be based on an “Acceptable” / “Unacceptable” basis. The following definitions will be used in evaluating the offeror’s proposal against the technical requirement:
Rating Description Acceptable Proposal clearly meets the minimum requirements of the solicitation Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation
Subfactor 1 - Certifications/Licenses: To be deemed acceptable, the offeror’s proposal must provide valid Certifications/Licenses for all of the following:
-- DIN ISO 9001 – Qualitaetsmanagementsystem (DIN ISO 9001 Quality Management System) -- DIN ISO 14001 – Umweltmanagementsystem (DIN ISO 14001 Environmental Management System) -- Fachbetrieb nach § 19 (Wasserhaushaltsgesetz) (Specialized Company acc. § 19 Water Resources Law) -- Fachbetrieb nach § 6 Chemikalienklimaschutzverordnung (Specialized Company acc. § 6 Chemicals Climate Safety Regulation) -- Fachbetrieb mit Eintrag in die Handwerkerrolle (mind. Kälte und Elektro) (Specialized Company with entry in Register of qualified Craftsmen – minimum (Cold and Electric) -- Fachbetrieb nach Verordnung EG 303 / 2008 (Specialized Company acc. Regulation EG 303 / 2008)
Subfactor 2 - Key Personnel: To be deemed acceptable, the offeror must include supporting documentation of all of the following Qualifications of Key Personnel with their proposal:
-- Kaelteanlagenbau - Meister or Ingenieur (Master or Engineer level of Refrigerant systems) -- Heizungsbau-Meister or Ingenieur (Master or Engineer level of Heating Equipment) -- Elektro/Elektronik-Meister or Ingenieur (Master or Engineer level of Electro mechanic) -- Wasser-und Gasversorgungs-Meister or Ingenieur (Master or Engineer level of Water/Gas systems)
Subfactor 3 - Experience: To be deemed acceptable, the offeror’s proposal must include supporting documentation demonstrating that either the offeror, or subcontractor(s), have one (1) year of relevant experience within five (5) years preceding the issuance of this solicitation.
“Relevant” experience is defined as performance of efforts involving requirements that are similar in: Scope (for the types of services identified and defined in the PWS requirements) and Magnitude of Effort (a contract or aggregated contracts during the five-year time period totaling at least $500,000. At a minimum, an offeror shall provide the following information for each contract that it relies upon to meet the experience (relevancy and scope) requirements:
(a) Location and customer name;
(b) Contract number (if such a designation exists);
(c) A narrative explaining the requirement and how it is relevant to the requirements of this solicitation;
(d) Contract performance dates; and
(e) Total contract value.
An offer is considered “UNACCEPTABLE” if either all the documentation as required above for Subfactor 3 is not provided or if our evaluation determines that the documentation provided is not relevant.
Subfactor 4 Subcontracting: To be deemed acceptable, the offeror’s proposal must include:
(1) A statement that all work performed under the contract shall be performed exclusively by the offeror, or
(2) A list of proposed subcontractors, joint ventures, or other business partners that will provide work under the contract. The list must contain contact information for each company and explain what work each party will perform under the contract. In addition, the offeror must provide a letter of commitment from each subcontractor on the list demonstrating commitment to subcontract with the offeror in the performance of the contract. The letter must be written on the subcontractor’s letterhead and signed by an authorized representative.
Please note:
The Government reserves the right to contact proposed subcontractors to verify letters of intent. In addition, as part of the government's responsibility determination, the government reserves the right to require the submission of additional information that demonstrates the offeror' s ability to successfully perform the contract.
An offer is considered “UNACCEPTABLE” if either all the documentation as required above for Subfactor 4 is not Provided.
Subfactor 5 - Supplier Performance Risk Assessment (SPRS):
--The offeror shall submit their Commercial Government Entity (CAGE) code in Block 17 of the SF 1449.
The Government will consider Risk in accordance with the provision at DFARS 252.204-7024, Notice of the Use of the Supplier Performance Risk System (SRPS). The Government will consider Supplier Risk as described in the provision. The Government will NOT consider Item Risk and Price Risk as described in provision. For purposes of this Risk assessment, the Government will only consider information contained in the SPRS. Any questions or concerns the offeror has concerning its SPRS risk assessment should be addressed as described in paragraph (d) of the provision.
Not having any records in SPRS will not cause an offeror to be ineligible for award.
See https://www.sprs.csd.disa.mil/reference.htm for an explanation of the color score).
RATING DESCRIPTION:
The rating will be based on an "Acceptable or Unacceptable" basis. The following definitions will be used to assign the rating:
Acceptable: Offeror has a Supplier Risk Score of Green, Purple, Blue, or Black.
Unacceptable: Offeror has a Supplier Risk Score of Yellow, Red, or Grey.
The technical factor is met when the Offeror’s proposal clearly demonstrates evidence of meeting the five subfactors above.
Factor 2: Price
a. The total evaluated price shall be the sum of all CLIN prices listed in the schedule for the base year and all option years.
b. Currency: Offers submitted in response to this solicitation shall be in terms of local currency or U.S.
Dollars. If the Government receives offers in more than one currency, the Government shall use the daily exchange rate of the solicitation closing date to convert local currency offers into U.S. Dollar for evaluation purposes. Evaluation of foreign currency offers will be in accordance with FAR clause 52.225-17. All supporting documentation shall reflect the same currency established in the price proposal. If all offers are received in the local currency, the local currency proposed, and the Government budget rate will be utilized for evaluation purposes.
c. Each offeror’s proposed price will be evaluated to determine whether it is fair and reasonable as per FAR 15.404-1. Normally, adequate price competition establishes a fair and reasonable price. The Government WILL NOT evaluate proposed prices for realism.
b) Options: The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. To account for the option period(s) possible under Clause 52.217-8 (maximum six months), Option to Extend Services, the Government will take the price for all CLINS of the final option period, prorate it to a six-month value, and add it to the sum of all CLINS (base plus all option periods). This amount will be the total evaluated price. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (MAY 2024) ALTERNATE I (FEB 2024)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision --
"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.
"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
"Sensitive technology"--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern--
(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or
(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).
(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.
"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--
(1) Effective January 1, 2024, is designated in the System for Award…
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