STOCK PHOTOGRAPHY VIDEO AND AUDIO

THE PURPOSE OF THIS AMENDMENT IS TO EXTEND THE RESPONSE DATE - THE EXTENDED RESPONSE DATE IS 09/18/2017 BY 200 P.M. E.T. AS A RESULT OF THE REQUIRMENTS CHANGING TO ONLY STOCK IMAGES LIMITED TO 750 PER YEAR. PLEASE SEE ATTACHED RFQ. SOLICITATION FOR STOCK PHOTOGRAPHY VIDEO AND AUDIO, M00264-17-T-0193 ISSUED BY: Commanding General - Regional Contracting Office, National Capital Region 2010 Henderson Road Quantico, Virginia 22134 CONTRACT SPECIALIST: Brad Higley (703) 784-3591 bradley.higley@usmc.mil This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in 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. The applicable NAICS code is 519190 with a size standard of $27.5 million. This Request for Quotation (RFQ) and subsequent order is solicited under full and open competition. This is a RFQ for annual subscriptions for access to stock photography, videos and audio files. This RFQ supports the Marine Corps Intelligence Activity, (MCIA). The Government intends to award a single contract as a result of this solicitation. This acquisition will be conducted in accordance with Federal Acquisition Regulation (FAR) 13, Simplified Acquisition Procedures. M00264-17-T-0193 is issued as a RFQ to provide the Government the following services: SUBMISSION OF QUOTES: Questions: All questions must be received by 14 September 2017 at 11:00 AM EDT. All questions submitted for this solicitation must be electronically sent to bradley.higley@usmc.mil. Note: Due to the firewall at Quantico, please be advised that it is the Quoter's responsibility to ensure all electronic submittals of questions are received by the Contracting Officer in the timeframe given above. Quotes: Quotes must be received by the Contracting Officer no later than 15 September 2017 at 5:00 PM ET. See FAR 52.212-1 and 52.212-2 Addendums of this solicitation for detailed information regarding submission of quotes. SCHEDULE OF SUPPLIES/SERVICES ITEM NO. SUPPLIES/SERVICES QTY UNIT PRICE 0001 One (1) year subscription to royalty free stock p hotography, in accordance with the Statement of Work. Firm Fixed-Price. Not to excede 750 photos. Provide access for Seven (7) users. 1 EA. $ MARINE CORPS INTELEGINCE ACTIVITY (MCIA) STOCK PHOTOGRAPHY VIDEO AND AUDIO STATEMENT OF WORK 1.0 Scope: With this contract the MCIA Graphics Branch will be able to create high quality multimedia products that are free of possible copyright infringement. 1.1 Background: The Marine Corps Intelligence Agency has a requirement for an annual subscription to a website that offers royalty-free stock photography, video, and audio files. These files are downloaded from the website and used in various multimedia created by MCIA's Graphics Branch. 1.2 Requirement Points of Contact: TO BE PROVIDED AT TIME OF AWARD. 2.0 Requirements: MCIA will be able to purchase and download stock photography files via the stock media website. The Image file formats will be .JPG, .GIF, .TIFF, .PNG, .EPS. All photography will be royalty free. Concurrent users will be able to search for images based off keywords and file formats. All files will be of high quality, with no distortion. The Stock Images need to pertain to the following categories, but not limited to: World Events Current Events Computers Aircraft Ships Satellites Military Equipment People Terrorism Crime Weapons IED Drones Maps Countries Vehicles (Amphibious, Ground) Conflict Information Environment/Operations/Warfare Warfare Cyber Technology (Mixed Reality, Virtual Reality, 3d Printing, Biometrics, Holograms, etc.) 3.0. Government-Furnished Property, Material, Equipment, or Information (GFP, GFM, GFE, or GFI): There is no government property required for this SOW. FAR 52.212-1 ADDENDUM - INSTRUCTIONS TO QUOTERS - COMMERCIAL ITEMS GENERAL INTENTION. Marine Corps Installations - National Capital Region (MCI-NCR) has a requirement for stock photography, videos and audio files. In accordance with FAR Part 12 and FAR 13, the MCI-NCR Regional Contracting Office is issuing a solicitation for the acquisition of stock photography, videos and audio files. Required specifications are listed in Schedule of Supplies/Services within this solicitation. PROCUREMENT APPROACH: The Contractor's quoted item descriptions shall reflect the characteristics and level of quality that will satisfy the Government's need as described in the Schedule of Supplies/Services. A single firm-fixed price contract will be issued against the solicitation and it is the Government's intent to award on an "all-or-none" basis to satisfy this requirement. This procurement is being solicited on a non-competitive basis. REQUIRED DELIVERY/PERIOD OF PERFORMANCE: The Government requires a twelve (12) month base period of performance from 18 September 2017 through 17 September 2018, and four (4) twelve-month option periods, to be exercised at the Government's discretion (see FAR 52.217-9, Option to Extend the Term of the Contract). Award of contract does not guarantee that the Options will be exercised. Options will be exercised at the discretion of the Government. The anticipated period of performance is as follows: Period of Performance CLIN Base Period 29 September 2017 - 28 September 2018 0001 Quote Content Each quote shall contain the following: Technical - Not to Exceed (NTE) 30-pages and shall include: - Clear description of the proposed categories for Stock Images; - Demonstrate the ability to perform the requirements in the Statement of Work. All information must be presented in sufficient depth for the Government to make a comprehensive evaluation of the Quoter's understanding of the Statement of Work Price and Business Information - Shall include: - Name of Firm, CAGE code, Tax ID, Solicitation Number, and Vendor POC information (name, title, telephone number, email); - Supplies and Services Prices; and Confidential Information The Freedom of Information Act (FOIA) and its amendments have resulted in an increasing number of requests from outside the Government for copies of award qualifications and quotes/proposals submitted to federal agencies. If a Quoter's submissions contain information that he/she believes should be withheld from such requestors under FOIA on the grounds that they contain "trade secrets and commercial or financial information" (5 USC 552(b)(4)), the Quoter should mark its submissions in the following manner: The following notice should be placed on the title page: "Some parts of this document, as identified on individual pages, are considered by the submitter to be privileged or confidential trade secrets or commercial or financial information not subject to mandatory disclosure under the Freedom of Information Act. Material considered privileged or confidential on such grounds is contained on page(s) _______." Each individual item considered privileged or confidential under FOIA should be marked with the following notice: "The data or information is considered confidential or privileged, and is not subject to mandatory disclosure under the Freedom of Information Act." Questions All questions must be received by 14 September 2017 at 11:00 AM EDT. All questions submitted for this solicitation must be electronically sent to the following e-mail addresses: bradley.higley@usmc.mil Note: Due to the firewall at Quantico, please be advised that it is the Quoter's responsibility to ensure all electronic submittals of questions are received by the Contracting Officer in the timeframe given above. Quotes Quotes must be received by the Contracting Officer no later than 15 September 2017 at 5:00 PM EST. In order to maximize efficiency and minimize the effort involved in the quotes evaluation process, all Quoters must comply with the following instructions for quote format and content. Quotes that do not comply with these instructions may be considered non-responsive and may render the Quote ineligible for award. Quotes may be sent either electronically via electronic mail or via Federal Express, private courier, hand delivered, or mailed, to the following address: MCI-NCR, Regional Contracting Office 2010 Henderson Road Attention: Bradley Higley Marine Corps Base (MCB) Quantico, VA 22134 Quotes sent electronically shall be submitted to bradley.higley@usmc.mil and received by the time and date specified above. Note: Due to the firewall at Quantico, please be advised that it is the Quoter's responsibility to ensure all electronic submittals of questions are received by the Contracting Officer in the timeframe given above. FAR 52.212-2 ADDENDUM - EVALUATION - COMMERCIAL ITEMS EVALUATION. Award will be made to the Lowest Price Technically Acceptable quote. The Government intends to make a single Firm Fixed Price order to satisfy this requirement. The Government reserves the right to award no contract at all, depending on the quality of offers submitted. The Government intends to evaluate quotes and award a contract without discussions with vendors. Vendors should not expect requests for clarification or additional information from the Government. Award will be based on the initial evaluation of quotes received in response to the solicitation. Therefore, quoters are cautioned that their initial quotes should contain their best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions with vendors if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotes if such action is in the public interest; and may waive informalities and minor irregularities in quotes received. Evaluation of quotes will be conducted on a lowest-priced, technically acceptable basis. All quotes will be evaluated first on price. The lowest priced quote will be evaluated for technical acceptability on an acceptable/unacceptable basis. If the lowest priced quote is found to be technically acceptable, then no further evaluations will be conducted and award will be made. If the lowest priced quote is not technically acceptable, the next lowest priced offer will be evaluated, and so on until a technically acceptable quote is found. The following ratings/definitions will be utilized when evaluating quotes: RATING DEFINITION Acceptable Quote meets the requirements of the solicitation. Unacceptable Quote does not meet the requirements of the solicitation. The Government may use information such as Contractor Performance Assessment Reporting System (CPARS), DoD PPIRS and the FAPIIS data available from Government sources to evaluate a Quoter's past performance. TECHNICAL COMPLIANCE: To ensure technical compliance: a. A mere statement that the quoter will meet the Government's requirement is NOT sufficient. Quoters must provide: ? Clear description of the proposed categories for Stock Images and Stock Videos; ? Clear description of the proposed categories for Stock Audio Files with various sound effects and instrumental files to provide for background music. ? Demonstrate the ability to perform the requirements in the Statement of Work. All information must be presented in sufficient depth for the Government to make a comprehensive evaluation of the Quoter's understanding of the Statement of Work b. Clearly state whether the quoter can meet the required period of performance. Vendors who cannot meet the required period of performance will not be considered technically acceptable. c. Quoters shall complete responses to provisions 252.209-7991, 252.209-7996, and 252.209-7997 which are provided in this solicitation. d. FAR Provision 52.212-3 (see instructions of 52.212-3: "The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision." PRICING. Quoters shall provide pricing for a period of twelve months, with provisions for four (4) twelve-month option periods. The Government intends to make a single award Firm Fixed Price (FFP) task order with FFP CLINs for one, (1) twelve-month base period, plus four (4), twelve (12) month option periods, to be exercised at the discretion of the Government (see FAR 52.217-9, Option to Extend the Term of the Contract). The prices for all option items will be evaluated in accordance with FAR 52.217-5, Evaluation of Options. The Government makes no guarantee that the option periods will be exercised. It will be the Government's unilateral right to exercise any option periods providing that the Notice of Intent is provided to the contractor within the time specified in FAR 52.217-9 of the contract and, once option periods are exercised; the Contractor is required to perform the work when ordered during the scheduled period of performance of the task order. The price quote should avoid ambiguities of inclusion, exclusion, or content. The Government will evaluate Quoter's quoted prices, but this factor will not be given an adjectival rating. Quotes will be evaluated on completeness, accuracy, and reasonableness. Evaluation of the quoted prices for the services will be based on a comparison of quoted prices received in response to the solicitation and may also be based on a comparison to the Independent Government Cost Estimate (IGCE) along with any other relevant price analysis techniques defined in FAR 15.404-1(b). Note, that while FAR Part 15 does not apply to this procurement, the price analysis techniques defined in FAR 15.404-1 will be utilized as appropriate, pursuant to the class deviation at FAR 8.404(d). All option period pricing will be considered in the evaluation. Reasonableness. For the price to be reasonable in its nature and amount, it should not exceed that which would be incurred by a prudent person in the conduct of a competitive business. Reasonableness takes into account the context of a given source selection, including current market conditions, general economic conditions, and other factors that affect the ability of a Quoter to perform the contract requirements. Normally, adequate price competition establishes a fair and reasonable price. Completeness and Accuracy. The Government will review the pricing tables for completeness and accuracy. A determination will be made as to whether the Quoter properly completed the pricing tables. The Quoter's quote will be checked for mathematical correctness to include the following: 1) Checking arithmetic in all computations; and 2) Ensuring all prices are summarized correctly CLAUSES INCORPORATED BY REFERENCE 52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements--Representation JAN 2017 52.204-7 System for Award Management OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under and Federal Law FEB 2016 52.211-17 Delivery of Excess Quantities SEP 1989 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.225-7001 Buy American And Balance Of Payments Program-- Basic (Dec 2016) DEC 2016 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014 CLAUSES INCORPORATED BY FULL TEXT 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017) The Offeror shall complete only paragraph (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 https://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. (a) 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- (1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction. (2) 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-- (1) Department of Labor Wage and Hour Division (WHD) for-- (i) The Fair Labor Standards Act; (ii) The Migrant and Seasonal Agricultural Worker Protection Act; (iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act; (iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act; (v) The Family and Medical Leave Act; and (vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors); (2) Department of Labor Occupational Safety and Health Administration (OSHA) for-- (i) The Occupational Safety and Health Act of 1970; and (ii) OSHA-approved State Plans; (3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for-- (i) Section 503 of the Rehabilitation Act of 1973; (ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and (iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity); (4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and (5) Equal Employment Opportunity Commission (EEOC) for-- (i) Title VII of the Civil Rights Act of 1964; (ii) The Americans with Disabilities Act of 1990; (iii) The Age Discrimination in Employment Act of 1967; and (iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act). "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). "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: (1) The Fair Labor Standards Act. (2) The Occupational Safety and Health Act (OSHA) of 1970. (3) The Migrant and Seasonal Agricultural Worker Protection Act. (4) The National Labor Relations Act. (5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act. (6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act. (7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity). (8) Section 503 of the Rehabilitation Act of 1973. (9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. (10) The Family and Medical Leave Act. (11) Title VII of the Civil Rights Act of 1964. (12) The Americans with Disabilities Act of 1990. (13) The Age Discrimination in Employment Act of 1967. (14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors). (15) 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-- (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. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. Sensitive technology-- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). Service-disabled veteran-owned small business concern-- (1) Means a small business concern-- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" 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-- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-- (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. "Subsidiary" means an entity in which more than 50 percent of the entity is owned-- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. "Successor" means an entity that has 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 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 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 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 its stock is owned by one or more women; or (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. 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) (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 posted electronically on the SAM website. (2) The offeror h...