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Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 9 Contract Number: GS-07F-0031W required documents to the WOSB Program Repository. The contract will not be awarded until all required documents are received. (d) Joint Venture. A joint venture may be considered an EDWOSB concern if (1) It meets the applicable size standard corresponding to the North American Industry Classification System code assigned to the contract, unless an exception to affiliation applies pursuant to 13 CER 121.103(h)(3); (2) The EDWOSB participant of the joint venture is designated in the System for Award Management as an EDWOSB concern; (3) The parties to the joint venture have entered into a written joint venture agreement that contains provisions— (i) Setting forth the purpose of the joint venture; (ii) Designating an EDWOSB concern as the managing venturer of the joint venture, and an employee of the managing venturer as the project manager responsible for the performance of the contract; (iii) Stating that not less than 51 percent of the net profits earned by the joint venture will be distributed to the EDWOSB; (iv) Specifying the responsibilities of the parties with regard to contract performance, sources of labor, and negotiation of the EDWOSB contract; and (v) Requiring the final original records be retained by the managing venturer upon completion of the EDWOSB contract perfonned by the joint venture; and (4) The Contracting Officer executes the contract in the name of the EDWOSB or joint venture End of clause 52.219-28 POST -AWARD SMALL BUSINESS PROGRAM REPRESENTATION (SEP 2021) (a) Definitions. As used in this clause - Long -terns contract means a contract of more than five years in duration, including options. However, the terns does not include contracts that exceed five years in duration because the period of perfonnance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern- (1) 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 CER part 121 and the size standard in paragraph (d) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly Page: 187 of 211