Grass Hay Large Square Bales IDIQ Contract FY19

Solicitation Number: S811-00091REV
Notice Type: Cancellation

Synopsis:
Added: Feb 05, 2019 2:23 pm
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation S811-00091REV is being issued as a Request for Quotes (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-101 Updated 10/26/2018. The 2017 NAICS code applicable to this acquisition is 111940. For a company to qualify as a small business, the size standard is .75M or less. The resultant of this combined synopsis/solicitation will be a fixed price, indefinite delivery-indefinite quantity (IDIQ) contract for Grass Hay Large Square Hay Bales delivered to the USDA, ARS National Animal Disease Center in Ames, IA. The details and specifications for the hay, along with instructions for markings, deliveries and inspections, are listed in ATTACHMENT 1. Responsible offerors must be able to provide min/max quantities as detailed on ATTACHMENT 2 for quantities for the listed required specifications for 12 month period from date of award.
DESCRIPTIVE LITERATURE: Offerors shall submit descriptive literature describing their proposed product with enough detail to ascertain whether the product meets the criteria listed above.

DOCUMENTS TO BE INCLUDED IN QUOTE: In order to be considered for award offerors shall provide-

1) a Quote on company or formal letterhead containing the offeror's DUNS number, address, and socio-economic status, and detailing the item description, variance from the posted required specifications, acceptable payment method (credit card, ACH/EFT, or either), unit price per item and total price;
2) the Grass H ay Large Square Bale IDIQ Contract Schedule spreadsheet (see ATTACHMENT 2) completed.

REJECTION OF QUOTATION: Failure to demonstrate compliance will be cause to reject the quote without further discussions. All responsible sources may submit an offer to be considered.
The provisions and clauses incorporated into this solicitation document are those in effect at the time of publication. Provisions and clauses incorporated by reference have the same force and effect as if they were given in full text. The full text of the Federal Acquisition Regulation (FAR) can be accessed on the Internet at http://farsite.hill.af.mil/.
REQUIREMENTS - See Attachment 1 for details and specifications. For convenience, a schedule with the specifications has been included in this solicitation. In addition, a schedule of requirement has also been included in this solicitation. Should a contradiction exist, the Statement of Requirement attachment takes precedence.
SPECIFICATIONS FOR GRASS HAY - LARGE SQUARE BALES "FY19" CONTRACT
CLIN 001 - GRASS HAY LARGE SQUARE HAY BALES
• Grass hay must be Grade No.2 or upper Grade No. 3, according to standards of the Hay Market Task Force of America Forage and Grassland Council. Relative Feed Value Index (RFV) should be 70-100; Crude Protein should be 7-15% on dry matter basis; Acid Detergent Fiber (ADF) should be less than 49% on a dry matter basis; and Neutral Detergent Fiber (NDF) should be less than 65% on a dry matter basis.

• The hay must be from year 2018 or 2019 crop, and meet the specifications listed below. The composition of the hay is to be of no more than 50% composition of any one type of the following grasses: Orchard Grass, Brome (Smooth or Meadow), Timothy, Alfalfa, Limestone Little Bluestem, Western Wheatgrass, Big Bluestem, Switchgrass, Prairie Cordgrass, Indian Grass, and side-oats grama. Hay must be greater than fifty per cent (50%) leaves and green; contain less than 5% foreign material; be free of mold, musty odor, dust, etc. No hay will be accepted that has been rained on, is moldy, weathered, weedy, wet, shows signs of insect damage or shows poor construction. All hay is to be harvested from fields that are not grazed and should be from fields located on one farm or close proximity. All hay delivered must be of consistent composition from first to last load.
• The hay shall be satisfactorily baled with rot-proof twine making a 3' X 3' X 8', a 3' X 4' X 8' or a 4' X 4' X 8' bale. Bales that are ragged or bales having twine of unequal tension, which makes it difficult to handle, will not be acceptable.
• ROUND BALES WILL NOT BE ACCEPTABLE.
• Hay shall not contain injurious foreign material.
• The contractor shall assure that the material conforms to the specifications in the contract prior to delivery.
DELIVERIES
Delivery shall be direct from fields or barns via clean vehicles not used for transportation of livestock. Shipment by rail is not acceptable. Deliveries shall be made to: USDA, ARS, NADC, 1920 Dayton Avenue, Building 13, Ames, IA 50010. Deliveries shall be made during normal business hours of 7:30am through 2:30pm CST Monday through Friday, excluding Federal holidays. The Government requires delivery to be made, in the quantity within five (5) working days after receipt of telephone or written order from an authorized Government employee. Partial deliveries of a minimum quantity may be required.
It will be requested that the contractor call 515-337-7248 prior to delivery.
It is required by the ICC that both the empty and loaded weight must be obtained from the same weighing station. The Contractor shall provide the Government with a certified copy of the loaded weight ticket at the time of each delivery, which must be obtained at an Official Weighing Station with the firm's name inscribed on the weight ticket.
A DELIVERY TICKET must accompany the weigh ticket also, allowing for a signature of a person making the delivery and a signature of government personnel receiving the hay. The delivery ticket must list the number of bales per load.

The Government will be responsible for unloading the bales from the vendor's vehicle and stacking the bales in an area designated by the Government.
STORAGE
If the hay is not delivered directly from the field, the successful quoter shall store the hay at no additional cost to the Government until such time as all deliveries have been made and the contract has been completed.
INSPECTION
The Government reserves the right to inspect the premises and origin of hay before, and at any time after the contract is consummated to assure that the hay is not being contaminated with dangerous pathogens. The Government reserves the right to make inspection of fields, barns where the hay is being stored, and the bales to determine quality and freedom from animal contaminations and also to assure that the quoter's operations will meet conditions required.
Final inspection will be made at time of delivery to the National Animal Disease Center, and the hay must meet specifications & requirements as specified herein or it will not be accepted. It will be required that the hay not be unloaded until inspected and approved by Government personnel. Following delivery, each load of hay will be sampled for forage analysis at the government's expense. Based on the results of this testing, if the load do not meet the minimum specifications, it will be subject to rejection.
Award will be based upon technical acceptability, best value and ability to deliver ARO.

FAR 52.232-18, Availability of Funds (APR 1984) in included in this solicitation and any resulting contract. Funds obligation is contingent upon the approval of a FY19 Budget. No contract performance is to take place without notification from the Contracting Officer.

NOTE: Guidance in this solicitation for actions within SAM are now conducted through the Single Award Management system found at www.sam.gov. Vendors MUST have a record showing "Active" at the time of quote submittal to be considered for award.
52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (APR 2014)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers.
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation.
(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-
GSA Federal Supply Service Specifications Section
Suite 8100 470 East L'Enfant Plaza, SW
Washington, DC 20407
Telephone (202) 619-8925
Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/);
(ii) Quick Search (http://quicksearch.dla.mil/);
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by?
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://www.fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of Provision)
The provision at 52.212-2 Evaluation - Commercial Items applies to this solicitation. Award will be made to the responsible offeror whose offer conforming to this combined synopsis/solicitation will be most advantageous to the Government, price and other factors considered.
52.212-2 Evaluation-Commercial Items. (Oct 2014)

Evaluations will be conducted in accordance with Simplified Acquisition Procedures (FAR Part 13.106‐2). 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. Product technical acceptability_______________________________.
2. Ability to deliver product in time frame required.__
3. Cost/Price _________________________
Technical and ability to deliver in time frame, when combined, are approximately equal to cost or price.

The following factors shall be used to evaluate offers: Price, technical capability, and past performance. To be considered for award, interested vendors shall submit:

1) a Quote on company or formal letterhead containing the offeror's DUNS number, address, and socio-economic status, and detailing the item description, variance from the posted required specifications, acceptable payment method (credit card, ACH/EFT, or either), unit price per item and total price;
2) Completed Grass Hay Large Square Bale IDIQ Schedule spreadsheet (see ATTACHMENT 2).

The provision 52.212-3 Offeror Representations and Certifications -Commercial Items applies to this solicitation. The contractor shall complete the on-line Offeror Representations and Certifications www.SAM.gov or return a completed copy of the Offeror Representations and Certifications with their quotation. SAM registration is required.

52.212‐3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (JAN 2017)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.
Definitions. As used in this provision‐‐
"Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
"Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
"Civil judgment" means‐‐
In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.
In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

"DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces' ". The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.
"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. It automatically qualifies as a women‐owned small business eligible under the WOSB Program.
"Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA‐approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are‐‐
Department of Labor Wage and Hour Division (WHD) for‐‐
The Fair Labor Standards Act;
The Migrant and Seasonal Agricultural Worker Protection Act;
40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis‐Bacon Act;
41 U.S.C. chapter 67, formerly known as the Service Contract Act;
The Family and Medical Leave Act; and
E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

Department of Labor Occupational Safety and Health Administration (OSHA) for‐‐
The Occupational Safety and Health Act of 1970; and
OSHA‐approved State Plans;
Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for‐‐
Section 503 of the Rehabilitation Act of 1973;
The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and
E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);
National Labor Relations Board (NLRB) for the National Labor Relations Act; and
Equal Employment Opportunity Commission (EEOC) for‐‐
Title VII of the Civil Rights Act of 1964;
The Americans with Disabilities Act of 1990;
The Age Discrimination in Employment Act of 1967; and
Section 6(d) of the Fair Labor Standards Act (Equal Pay Act). "Forced or indentured child labor" means all work or service-
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
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).
"Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.
"Labor laws" means the following labor laws and E.O.s:
The Fair Labor Standards Act.
The Occupational Safety and Health Act (OSHA) of 1970.
The Migrant and Seasonal Agricultural Worker Protection Act.
The National Labor Relations Act.
40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis‐Bacon Act.
41 U.S.C. chapter 67, formerly known as the Service Contract Act.
E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).
Section 503 of the Rehabilitation Act of 1973.
The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.
The Family and Medical Leave Act.
Title VII of the Civil Rights Act of 1964.
The Americans with Disabilities Act of 1990.
The Age Discrimination in Employment Act of 1967.
E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).
Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA‐approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).
"Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of "labor laws".
"Manufactured end product" means any end product in product and service codes (PSCs) 1000‐9999, except-
PSC 5510, Lumber and Related Basic Wood Materials;
Product or Service Group (PSG) 87, Agricultural Supplies;
PSG 88, Live Animals;
PSG 89, Subsistence;
PSC 9410, Crude Grades of Plant Materials;
PSC 9430, Miscellaneous Crude Animal Products, Inedible;
PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
PSC 9610, Ores;
PSC 9620, Minerals, Natural and Synthetic; and
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.
"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-
Are conducted under contract directly and exclusively with the regional government of southern Sudan;
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;
Consist of providing goods or services to marginalized populations of Sudan;
Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
Consist of providing goods or services that are used only to promote health or education; or
Have been voluntarily suspended. Sensitive technology-
Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-
To restrict the free flow of unbiased information in Iran; or
To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service‐disabled veteran‐owned small business concern"-
Means a small business concern-
Not less than 51 percent of which is owned by one or more service‐disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service‐disabled veterans; and 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.
Service‐disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service‐connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that‐‐
Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by‐‐
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
Each individual claiming economic disadvantage has a net worth not exceeding
$750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
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-
Directly by a parent corporation; or 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-
Not less than 51 percent of which is owned 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
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 the 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 ‐‐
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
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.
Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: "Administrative merits determination", "Arbitral award or decision", paragraph (2) of "Civil judgment", "DOL Guidance", "Enforcement agency", "Labor compliance agreement", "Labor laws", and "Labor law decision". The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(b)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 posted on the SAMwebsite.
The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212‐3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs
_. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision th