W912PB24R3019 Final.pdf
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- Solicitation number
- W912PB-24-R-3019
About this file
This document is a solicitation (W912PB-24-R-3019) for maintenance and repair services of U.S. Government owned Shop Support Equipment within the locations of Grafenwoehr, Vilseck, Hohenfels, and Ansbach, Germany. The contract has a base period from July 1, 2024 to June 30, 2025, with four 1-year option periods. The solicitation seeks proposals for labor hours, inspection fees, and replacement parts, with estimated quantities and not-to-exceed amounts provided. The government intends to award to the lowest priced technically acceptable offeror without discussions. Proposals are due by June 9, 2024 at 1600 Local Time. The contracting agency is the Department of the Army Materiel Command Army Contracting Command.
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| PWS SHOP SUPPORT EQUIPMENT EAST.docx | DOCX document |
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SEE ADDENDUM
(No Collect Calls)
W912PB24R3019 08-May-2024
b. TELEPHONE NUMBER
526-8703
8. OFFER DUE DATE/LOCAL TIME
04:00 PM 09 Jun 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
MICHAEL LANE
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
0012098074
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 WK4MU6 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
BASOPS MAINTENANCE DIVISON
BLDG 301
92655 GRAFENWOEHR
GERMANY
TEL: FAX:
FAX:
TEL: SEE NAME OF POC SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$12,500,000
NAICS:
811310
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF82
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.
Section SF 30 - BLOCK 14 CONTINUATION PAGE
AWARD INFORMATION
SOLICITATION / AWARD INFORMATION AND INSTRUCTION
General Information
Regional Contracting Office POC
Contract Specialist: Michael Lane
COMM: 09641-70-526-8759
DSN: 526-8759
E-mail: michael.b.lane16.civ@army.mil
Alternate Point of Contact :
Contracting Officer: Wolfgang Hochholzer
COMM: 09641-70-526-8727
DSN: 526-8727
E-mail: wolfgang.hochholzer.ln@army.mil
Short Description of Requirement: Maintenance and Repair of U.S. Government owned Shop Support Equipment, Bavaria.
1 July 2024 – 30 June 2025 (Base Year) 1 July 2025 – 30 June 2026 (First Option Year)
1 July 2026 – 30 June 2027 (Second Option Year) 1 July 2027 – 30 June 2028 (Third Option Year) 1 July 2028 – 30 June 2029 (Fourth Option Year)
PERIOD OF PERFORMANCE: The PoP shown herein is tentative. The Government expects to make an award before that date, however, should an award be made after that date, there will be an change on the contractual document and the award must be signed/accepted by the contractor.
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
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES EST.
QUANTITY
UNIT UNIT PRICE EST. AMOUNT
0001 750 Hours
LABOR HOURS
LH
LABOR HOURS
Base Period - PoP 1 July 2024 - 30 June 2025 FOB: Destination
PURCHASE REQUEST NUMBER: 0012098074
PSC CD: J049
TOT ESTIMATED PRICE
CEILING PRICE
ITEM NO SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE ESTIMATED AMOUNT
0002 70 Each
INSPECTION FEE GRAF, VIL AND HOH
FFP
INSPECTION FEE GRAF, VIL AND HOH
Base Period - PoP 1 July 2024 - 30 June 2025 FOB: Destination
PURCHASE REQUEST NUMBER: 0012098074
PSC CD: J049
ESTIMATED
NET AMT
ITEM NO SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE ESTIMATED AMOUNT
0003 10 Each
INSPECTION FEE ANSBACH
FFP
INSPECTION FEE ANSBACH
Base Period - PoP 1 July 2024 - 30 June 2025 FOB: Destination
PURCHASE REQUEST NUMBER: 0012098074
PSC CD: J049
ESTIMATED
NET AMT
ITEM NO SUPPLIES/SERVICES EST.
QUANTITY
UNIT UNIT PRICE EST. AMOUNT
0004 1 Job
REPLACEMENT PARTS
T&M
REPLACEMENT PARTS
Estimated amount for replacement parts needed for performance of repairs is € 80,000.00.
This is a NOT TO EXCEED (NTE) CLIN. Offerors must use this Euro amount as part of the proposal
Base Period - PoP 1 July 2024 - 30 June 2025 FOB: Destination
PURCHASE REQUEST NUMBER: 0012098074
PSC CD: J049
TOT ESTIMATED PRICE
CEILING PRICE
UNIT UNIT PRICE EST. AMOUNT
1001 750 Hours
OPTION LABOR HOURS
LH
LABOR HOURS
Option Period 1 - PoP 1 July 2025 - 30 June 2026 FOB: Destination
PURCHASE REQUEST NUMBER: 0012098074
PSC CD: J049
TOT ESTIMATED PRICE
CEILING PRICE
ITEM NO SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE ESTIMATED AMOUNT
1002 70 Each
OPTION INSPECTION FEE GRAF, VIL AND HOH
FFP
INSPECTION FEE GRAF, VIL AND HOH
Option Period 1 - PoP 1 July 2025 - 30 June 2026 FOB: Destination
PURCHASE REQUEST NUMBER: 0012098074
PSC CD: J049
UNIT UNIT PRICE ESTIMATED AMOUNT
1003 10 Each
OPTION INSPECTION FEE ANSBACH
FFP
INSPECTION FEE ANSBACH
Option Period 1 - PoP 1 July 2025 - 30 June 2026 FOB: Destination
PURCHASE REQUEST NUMBER: 0012098074
PSC CD: J049
ESTIMATED
NET AMT
ITEM NO SUPPLIES/SERVICES EST.
QUANTITY
UNIT UNIT PRICE EST. AMOUNT
1004 1 Job
OPTION REPLACEMENT PARTS
T&M
REPLACEMENT PARTS
Estimated amount for replacement parts needed for performance of repairs is € 85,000.00.
This is a NOT TO EXCEED (NTE) CLIN. Offerors must use this Euro amount as part of the proposal
Option Period 1 - PoP 1 July 2025 - 30 June 2026 FOB: Destination
PURCHASE REQUEST NUMBER: 0012098074
PSC CD: J049
UNIT UNIT PRICE EST. AMOUNT
2001 750 Hours
OPTION LABOR HOURS
LH
LABOR HOURS
Option Period 2 - PoP 1 July 2026 - 30 June 2027 FOB: Destination
PURCHASE REQUEST NUMBER: 0012098074
PSC CD: J049
TOT ESTIMATED PRICE
CEILING PRICE
ITEM NO SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE ESTIMATED AMOUNT
2002 70 Each
OPTION INSPECTION FEE GRAF, VIL AND HOH
FFP
INSPECTION FEE GRAF, VIL AND HOH
Option Period 2 - PoP 1 July 2026 - 30 June 2027 FOB: Destination
PURCHASE REQUEST NUMBER: 0012098074
PSC CD: J049
UNIT UNIT PRICE ESTIMATED AMOUNT
2003 10 Each
OPTION INSPECTION FEE ANSBACH
FFP
INSPECTION FEE ANSBACH
Option Period 2 - PoP 1 July 2026 - 30 June 2027 FOB: Destination
PURCHASE REQUEST NUMBER: 0012098074
PSC CD: J049
ESTIMATED
NET AMT
ITEM NO SUPPLIES/SERVICES EST.
QUANTITY
UNIT UNIT PRICE EST. AMOUNT
2004 1 Job
OPTION REPLACEMENT PARTS
T&M
REPLACEMENT PARTS
Estimated amount for replacement parts needed for performance of repairs is € 90,000.00.
This is a NOT TO EXCEED (NTE) CLIN. Offerors must use this Euro amount as part of the proposal
Option Period 2 - PoP 1 July 2026 - 30 June 2027 FOB: Destination
PURCHASE REQUEST NUMBER: 0012098074
PSC CD: J049
UNIT UNIT PRICE EST. AMOUNT
3001 750 Hours
OPTION LABOR HOURS
LH
LABOR HOURS
Option Period 3 - PoP 1 July 2027 - 30 June 2028 FOB: Destination
PURCHASE REQUEST NUMBER: 0012098074
PSC CD: J049
TOT ESTIMATED PRICE
CEILING PRICE
ITEM NO SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE ESTIMATED AMOUNT
3002 70 Each
OPTION INSPECTION FEE GRAF, VIL AND HOH
FFP
INSPECTION FEE GRAF, VIL AND HOH
Option Period 3 - PoP 1 July 2027 - 30 June 2028 FOB: Destination
PURCHASE REQUEST NUMBER: 0012098074
PSC CD: J049
UNIT UNIT PRICE ESTIMATED AMOUNT
3003 10 Each
OPTION INSPECTION FEE ANSBACH
FFP
INSPECTION FEE ANSBACH
Option Period 3 - PoP 1 July 2027 - 30 June 2028 FOB: Destination
PURCHASE REQUEST NUMBER: 0012098074
PSC CD: J049
ESTIMATED
NET AMT
ITEM NO SUPPLIES/SERVICES EST.
QUANTITY
UNIT UNIT PRICE EST. AMOUNT
3004 1 Job
OPTION REPLACEMENT PARTS
T&M
REPLACEMENT PARTS
Estimated amount for replacement parts needed for performance of repairs is € 95,000.00.
This is a NOT TO EXCEED (NTE) CLIN. Offerors must use this Euro amount as part of the proposal
Option Period 3 - PoP 1 July 2027 - 30 June 2028 FOB: Destination
PURCHASE REQUEST NUMBER: 0012098074
PSC CD: J049
UNIT UNIT PRICE EST. AMOUNT
4001 750 Hours
OPTION LABOR HOURS
LH
LABOR HOURS
Option Period 4 - PoP 1 July 2028 - 30 June 2029 FOB: Destination
PURCHASE REQUEST NUMBER: 0012098074
PSC CD: J049
TOT ESTIMATED PRICE
CEILING PRICE
ITEM NO SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE ESTIMATED AMOUNT
4002 70 Each
OPTION INSPECTION FEE GRAF, VIL AND HOH
FFP
INSPECTION FEE GRAF, VIL AND HOH
Option Period 4 - PoP 1 July 2028 - 30 June 2029 FOB: Destination
PURCHASE REQUEST NUMBER: 0012098074
PSC CD: J049
UNIT UNIT PRICE ESTIMATED AMOUNT
4003 10 Each
OPTION INSPECTION FEE ANSBACH
FFP
INSPECTION FEE ANSBACH
Option Period 4 - PoP 1 July 2028 - 30 June 2029 FOB: Destination
PURCHASE REQUEST NUMBER: 0012098074
PSC CD: J049
ESTIMATED
NET AMT
ITEM NO SUPPLIES/SERVICES EST.
QUANTITY
UNIT UNIT PRICE EST. AMOUNT
4004 1 Job
OPTION REPLACEMENT PARTS
T&M
REPLACEMENT PARTS
Estimated amount for replacement parts needed for performance of repairs is € 100,000.00.
This is a NOT TO EXCEED (NTE) CLIN. Offerors must use this Euro amount as part of the proposal
Option Period 4 - PoP 1 July 2028 - 30 June 2029 FOB: Destination
PURCHASE REQUEST NUMBER: 0012098074
PSC CD: J049
TOT ESTIMATED PRICE
CEILING PRICE
DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE
The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
$3,000.00 $50,000.00
CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE
The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.
CLIN
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
0001 $ $
0002 $ $
0003 $ $
0004 $ $
1001 $ $
1002 $ $
1003 $ $
1004 $ $
2001 $ $
2002 $ $
2003 $ $
2004 $ $
3001 $ $
3002 $ $
3003 $ $
3004 $ $
4001 $ $
4002 $ $
4003 $ $
4004 $ $
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-JUL-2024 TO
30-JUN-2025
N/A BASOPS MAINTENANCE DIVISON
BLDG 301
92655 GRAFENWOEHR
GERMANY
FOB: Destination
WK4MU6
0002 POP 01-JUL-2024 TO
30-JUN-2025
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
WK4MU6
0003 POP 01-JUL-2024 TO
30-JUN-2025
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
WK4MU6
0004 POP 01-JUL-2024 TO
30-JUN-2025
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
WK4MU6
1001 POP 01-JUL-2025 TO
30-JUN-2026
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
WK4MU6
1002 POP 01-JUL-2025 TO
30-JUN-2026
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
WK4MU6
1003 POP 01-JUL-2025 TO
30-JUN-2026
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
WK4MU6
1004 POP 01-JUL-2025 TO
30-JUN-2026
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
WK4MU6
2001 POP 01-JUL-2026 TO
30-JUN-2027
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
WK4MU6
2002 POP 01-JUL-2026 TO
30-JUN-2027
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
WK4MU6
2003 POP 01-JUL-2026 TO
30-JUN-2027
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
WK4MU6
2004 POP 01-JUL-2026 TO
30-JUN-2027
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
WK4MU6
3001 POP 01-JUL-2027 TO
30-JUN-2028
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
WK4MU6
3002 POP 01-JUL-2027 TO
30-JUN-2028
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
WK4MU6
3003 POP 01-JUL-2027 TO
30-JUN-2028
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
WK4MU6
3004 POP 01-JUL-2027 TO
30-JUN-2028
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
WK4MU6
4001 POP 01-JUL-2028 TO
30-JUN-2029
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
WK4MU6
4002 POP 01-JUL-2028 TO
30-JUN-2029
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
WK4MU6
4003 POP 01-JUL-2028 TO
30-JUN-2029
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
WK4MU6
4004 POP 01-JUL-2028 TO
30-JUN-2029
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
WK4MU6
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 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
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
JUN 2020
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 52.236-13 Accident Prevention NOV 1991 52.237-1 Site Visit APR 1984 52.245-9 Use And Charges APR 2012 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
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information
JAN 2023
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
JAN 2023
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.215-7008 Only One Offer DEC 2022 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 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
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation
JUN 2023
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region
JUN 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
252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7005 Management and Reporting of Government Property JAN 2024 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.
(End of provision)
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
3. Subcontracting
Award will be made on the basis of lowest evaluated price of proposals meeting the acceptability standards/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.
The technical factor is met when the Offeror’s proposal meets the two subfactors below.
SubFactor 1: Craftsman Diploma Handwerkskammer:
Acceptable: An offer WILL be acceptable if it provides:
1. Contractor demonstrates a minimum of an Elektrotechniker-Meister (Master Craftsman) on staff.
A “Meister” is a person who has a master craftsman diploma, which needs to be certified by the official Chamber of Crafts (Handwerkskammer)
Unacceptable: An offer will be unacceptable if it does NOT include:
1. Contractor demonstrates a minimum of an Elektrotechniker-Meister (Master Craftsman) on staff. A “Meister” is a person who has a master craftsman diploma, which needs to be certified by the official Chamber of Crafts (Handwerkskammer)
SubFactor 2: Supplier Performance Risk
The Government will consider Risk IAW provision at 252.204-7024, Notice on the
Use of the Supplier Performance Risk System. The Government will consider Supplier Risk as described in the provision. The Government will NOT consider Item Risk or Price Risk as described in provision. For purposes of this Risk assessment, the Government will only consider information contained in the Supplier Performance Risk System (SPRS). Any questions or concerns the offeror has concerning its SPRS risk assessments should be addressed as described in paragraph (d) of the provision.
The rating will be based on an “Acceptable” / “Unacceptable” basis. The following definitions will be used to assign the rating:
*Not having any records in SPRS will not cause an offeror to be ineligible for award.*
Unacceptable: Offeror has a Supplier Risk Score of Yellow, Red, or Grey.
Acceptable: Offeror has a Supplier Risk Score of Green, Purple, Blue, or Black.
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. Offerors shall complete and submit the “Schedule of Supplies/Services” for contract line items, except those, where the Government will include prices. ELIN price schedules, when included in this solicitation shall be completed as well.
b. Currency: Offerors shall enter the total price in U.S. Dollars ($) or any other European Country Currency, i.e. Euros (€) for each line item. Proposals shall be provided with only 2-digits after the decimal point. Prices provided shall be fully loaded, inclusive of all fees, overheads, G&A, insurance, profits, or any other markups. Complete pricing for each CLIN or Sub-CLIN as required without taxes and duties for which the U.S. Government is exempt and including all shipping charges, FOB Destination to Germany. Failure to do so may be a cause for the proposal to not be considered for award. 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.
c. Each offeror’s proposed price will be evaluated to determine whether it is fair and reasonable as per FAR 13.5.
The Government will evaluate the reasonableness of the offered prices. The Government will NOT evaluate the realism of offered prices. Normally, adequate price competition establishes a fair and reasonable price. Analytical techniques and procedures described in FAR 13.5 may be used, singulary or in combination with others, to ensure that the price is fair and reasonable.
PRICE: Total evaluated price shall be sum of CLIN prices listed in the schedule of SF1449 IAW FAR 13.5.
(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.
Factor 3 Subcontracting:
Acceptable: An offer WILL be acceptable if it provides:
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 intent from each party on the list, demonstrating intent to subcontract, partner or otherwise work with the offeror in the performance of the contract. The letter must be written on that party’s letterhead and signed by an authorized representative.
Unacceptable: An offer will be unacceptable if it does NOT 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 intent from each party on the list, demonstrating intent to subcontract, partner or otherwise work with the offeror in the performance of the contract. The letter must be written on that party’s letterhead and signed by an authorized representative.
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (FEB 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 Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or
(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.
"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.
"Small business concern"--
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13
CFR 121.103.
"Small disadvantaged business concern, consistent with 13 CFR 124.1001", means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
"Veteran-owned small business concern" means a small business concern--
(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C.
101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
"Women-owned small business concern" means a small business concern--
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for…
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