19GE5022Q0047.pdf

COMBINED SYNOPSIS & SOLICITATION

United States Embassy Chisinau, Moldova IT Equipment

SOLICITATION NO. 19GE5022Q0047

Issued by:

U.S. Consulate General Regional Procurement Support Office Giessener Strasse 30 60435 Frankfurt am Main Germany

August 16, 2022

Combined Synopsis and Solicitation Solicitation Number 19GE5022Q0047

The U.S. Consulate General Frankfurt hereby provides the following Combined Synopsis and Solicitation for:

Supply and delivery of IT Equipment – Brand Name or Equal for the U.S. Embassy Chisinau, Moldova on behalf of ISN/ECC that oversees the Export Control and Related Border Security (EXBS) Program. All interested sellers shall review the solicitation and offer equipment in accordance with the specification provided in this document.

The evaluation of offers will be based on the Lowest-Priced, Technically Acceptable (LPTA) approach. It is the offeror’s responsibility to prove that the equipment it is offering meets the requested specifications.

Synopsis:

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; offers are being requested and a written solicitation will not be issued. The solicitation number is 19GE5022Q0047 and is issued as a Request for Quotations (RFQ), unless otherwise indicated herein.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2022-07 Effective August 10, 2022.

U.S. CONSULATE GENERAL

Regional Procurement Support Office

Giessener Strasse 30 60435 Frankfurt am Main

Germany

Tel: (49) 69 7535-3350 Email: BaltaA@state.gov

Contract Type:

The Government intends to award a single, firm fixed-price contract to the responsible offeror whose offer is evaluated as the lowest-priced and technically acceptable. The total price shall include all labor, equipment, delivery charges, materials, overhead, profit, insurance, warranty, customs clearance, and all other expenses necessary to deliver the required supplies. No additional sums will be payable on account of any escalations in the cost of materials, equipment, or labor, or because of the Contractor’s failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract. Nor will the contract price be adjusted on account of fluctuations in currency exchange rates.

Term of Contract:

This ensuing contract shall be effective from the date of the Contracting Officer’s signature and shall remain valid until all items are received and accepted by the Government.

Compliance with Specifications:

Offerors shall also provide with their offer, at a minimum, existing product literature substantiating the acceptability of their offered product in accordance with this solicitation’s specifications provided in the solicitation. Failure to provide this information will result in a ‘non- responsive’ offer and removal from award consideration.

Descriptive Literature Required:

Definition: (a) "Descriptive literature" means information (e.g., cuts, illustrations, drawings and original manufacturers' brochures) that is submitted as part of an offer. Descriptive literature is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements such as (1) design;

(2) materials; (3) components; (4) performance characteristics; and (5) methods of manufacture, assembly, construction, or operation. The term includes only information required to determine the technical acceptability of the offered product. It does not include other information such as that used in determining the responsibility of a prospective contractor or for operating or maintaining equipment. (b) Descriptive literature must be (1) identified to show the item(s) of the offer to which it applies and (2) received by the time specified in this solicitation for receipt of offers. (c) Data displaying more than one model or size shall be clearly marked so as to indicate the specific item being offered. (d) Offers which do not present sufficient information to permit complete technical evaluation by the Government may be rejected. It is the offeror’s responsibility to prove that their proposed solution meets the requested specifications, subject to any limitations elsewhere in this solicitation.

Other Specific Requirements:

• If applicable, the Contractor shall comply with all import requirements mandated by the Government of the Republic of Moldova. Further, the Contractor shall provide all the necessary documentation required at destination for importation of the proposed items.

• The Contractor shall obtain all necessary export licenses regardless of shipping method.

The end user is the Republic of Moldova border security agencies. The Contractor shall state in its export license request that this is a U.S. government funded contract.

• All offered electrical devices shall be Compatible with Republic of Moldova 220/230V, 50Hz and the electric plug type C or F.

• All manuals and literature shall be in the English language.

Basis of Price:

The price of all items shall include their transportation F.O.B. Destination to the designated delivery point in accordance with FAR 52.247-34. All or Nothing: The Government is allowing complete offers for all items. Offers failing to meet this condition may be rejected.

Warranty:

The Contractor shall provide a copy of standard warranty information unless indicated otherwise.

The warranty applies as of the date the items are received and accepted at the delivery location.

The price for warranty shall be included in the price for each item.

Delivery:

Delivery shall be made F.O.B. destination as soon as possible but not later than 60 days from the date of contract award. Delivery shall be made to the following address:

US Embassy Chisinau Republic of Moldova Str. Alexei Mateevici, 103, Kishinev, Kishinev 2009 Attn: Valeriu Cernea

Partial delivery is not authorized.

Marking and Submission of Documents:

The cargo must be clearly marked with the requisition and purchase order number (to be advised on award). Labels shall also include clear description of items packed inside. If applicable, the Contractor shall provide delivery information or certificates of origin and shipping documents https://www.bing.com/local?lid=YN8113x15585558277058224375&id=YN8113x15585558277058224375&q=Ambasada+Statelor+Unite+ale+Americii&name=Ambasada+Statelor+Unite+ale+Americii&cp=47.02177047729492%7E28.81912612915039&ppois=47.02177047729492_28.81912612915039_Ambasada+Statelor+Unite+ale+Americii https://www.bing.com/local?lid=YN8113x15585558277058224375&id=YN8113x15585558277058224375&q=Ambasada+Statelor+Unite+ale+Americii&name=Ambasada+Statelor+Unite+ale+Americii&cp=47.02177047729492%7E28.81912612915039&ppois=47.02177047729492_28.81912612915039_Ambasada+Statelor+Unite+ale+Americii for the required goods being imported to the Point of Contact (POC) (to be advised on award) in advance of delivery.

All orders are ultimately intended for an overseas destination. If the shipment will involve wood packaging material, the packing and palletizing shall conform to the standards in the International Standards for Phytosanitary Measures Publication No. 15: “Guidelines for Regulating Wood Packaging Material in International Trade” (ISPM 15) and have the appropriate markings indicating that the materials meet this standard. Any deliveries arriving at our indicated domestic delivery address that do not meet these standards will be rejected and must be corrected at the contractor’s expense.

The contractor shall ensure that all items are prepared for safe shipment and include all necessary export approvals, required material data safety sheet, licenses, and paperwork. One copy of the packing list and commercial invoice must accompany the shipment, attached to the outside of the “lead” or number one box/carton/package, or individually attached to the outside of each box/carton/package.

Customs Clearance and Tax Exemptions:

Value Added Tax and customs duties are exempt according to Government Decree 246/2010 on Technical Assistance delivered to Republic of Moldova.

Coordination:

The Contractor shall coordinate the delivery of the items with the following Points of Contact (POC): (to be advised on award).

Condition of Delivered Equipment:

Only new supplies are authorized; no grey market or refurbished products. All items must be in original packaging, never used, and not altered in any way.

Applicable Clauses and Provisions:

The full text of the referenced FAR and DOSAR clauses may be accessed electronically at https://www.acquisition.gov/content/regulations.

The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference:

https://www.acquisition.gov/content/regulations

CLAUSE/PROVISION TITLE AND DATE

FAR 52.212-1 Instructions to Offerors - Commercial Product and Commercial

Services (Nov 2021)

FAR 52.212-2 Evaluation – Commercial Product and Commercial Services (Nov

2021)

FAR 52.212-3 Offeror Representations and Certifications - Commercial Product and Commercial Services (May 2022)

FAR 52.212-4 Contract Terms and Conditions - Commercial Product and

Commercial Services (Nov 2021)

FAR 52.204-7 System for Award Management (Oct 2018)

FAR 52.204-13 System for Award Management Maintenance. (Oct 2018)

FAR 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug

2020)

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment (Nov 2021)

FAR 52.211-6 Brand Name or Equal (Aug 1999)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Nov 2021)

FAR 52.247-34 F.O.B. Destination (Nov 1991)

DOSAR 652.229-70 Excise Tax Exemption Statement for Contractors Within the United States (Jul 1988)

DOSAR 652.229-71 Personal Property Disposition at Posts Abroad (Aug 1999)

DOSAR 652.232-70 Payment Schedule and Invoice Submission (Fixed-Price) (Aug

1999)

DOSAR 652.242-73 Authorization and Performance (Aug 1999)

DOSAR 652.243-70 Notices (Aug 1999)

DOSAR 652.247-70 Notice of Shipments (Feb 2015)

DOSAR 652.247-71 Shipping Instructions (Feb 2015)

Addendum to FAR 52.212-4 Contract Terms and Conditions – Commercial Product and Commercial Services (Nov 2021)

The whistleblower protection of 41 U.S.C 4712 has been removed from paragraph (r) of FAR clause 52.212-4. The following revised paragraph applies:

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(End of Clause)

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services (May 2022) - the applicable clauses under paragraph (b) are: 52.204-10; 52.209-6; 52.219-4, 52.222-19; 52.225- 13; 52.222-21; 52.222-26; 52.222-50, 52.223-18; 52.232-33; 52.247-64

The following clause(s) and provision(s) are provided in full text:

Addendum to FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (Nov 2021)

The Government will award a contract resulting from this solicitation to the responsible offeror (as determined within the meaning of FAR Part 9, paragraph 9.104), whose offer conforms to the solicitation and is determined to be the most advantageous solution to the Government, price and other factors considered. Evaluation will be based on offeror’s submission and the provision at FAR 52.212-2, as provided in this solicitation.

The Government reserves the right to award without any discussions. The following factors shall be used to evaluate offers:

(a) The following factors shall be used to evaluate offers:

(i) Price

The price will be evaluated by the lowest aggregate sum of the items including any delivery charges, custom clearance, handling charge, Value Added Tax (VAT) (if applicable) etc.

(ii) Technical Capability/Acceptability

Technical capability is equal to price.

(b) 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.

(End of provision)

FAR 52.214-34 Submission of Offers in the English Language (Apr 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

(End of Provision)

FAR 52.225-17 Evaluation of Foreign Currency Offers (Feb 2000)

If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using http://ice.cgfs.state.sbu in effect as follows:

(1) On the date specified for receipt of offers if award is based on initial offers; otherwise

(2) On the date specified for receipt of proposal revisions.

Addendum to FAR 52.212-1 Instructions to Offerors - Commercial Product and Commercial Services (Nov 2021)

Pursuant to FAR 12.302(d), the provision at FAR 52.212-1, Instructions to Offerors - Commercial Product and Commercial Services (Nov 2021) is augmented as follows:

http://ice.cgfs.state.sbu/

Preparation of Offers - Offerors shall prepare and submit its offer in two (2) volumes as set forth below.

VOLUME I:

PRICING

(i) The offeror shall complete pricing information (CLINs 0001-0011) in the table below.

CLIN Description Unit Unit

Price Quantity Extended

Cost 0001 Router Chassis - Brand Name or Equal

Each 1

0002 1G Compact Flash Card - Brand Name or Equal

Each 2

0003 1200W AC Power Supply, Brand Name or Equal

0004 1200W AC Power Supply PDU Cable ROW, Brand Name or Equal

0005 4-port 10GbE SFP+ Service Aggregation Platform Router Module

0006 1.92TB SAS SFF (2.5in) SSD with All-inclusive Single-system Software

Each 8

0007 10G SFP+ LC SR Transceiver

Each 8

0008 RSE-X3 Router Main Processing Unit

0009 1 year Foundation Care Next business day Exchange for Router Products Service

0010 Value Added Tax (VAT), if applicable

Lot 1

0011 Shipping Charges, to Chisinau, Republic of Moldova

Lot 1

GRAND TOTAL – CLINs 0001 to 0011:

Currency: _____________________________

(ii) FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (May 2022): the selected offeror must submit a completed copy of the listed representations and certifications. A completed copy of these provisions MUST be included on the System for Award Management (SAM) web site located at 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 in the Attachment 1.

VOLUME II:

TECHNICAL CAPABILITY

The proposed supply shall meet all of the minimum technical specifications and the delivery terms contained herein. In addition, the offeror shall provide:

(A) Descriptive Literature.

(B) A delivery confirmation providing delivery within 60 calendar days of award to U.S.

Embassy Chisinau, Moldova.

(C) Warranty provisions: Standard warranty is implied and shall be included in the contract price.

(D) Technical Compliance Matrix:

REQUIRED SPECIFICATIONS: OFFERED SPECIFICATIONS (TO BE

COMPLETED BY OFFEROR)

CLIN 0001: ROUTER CHASSIS

Brand name reference:

HPE FlexNetwork HSR6802- JG361B

Required generic specifications:

• High-performance services with up to 420 Mpps forwarding and 2 Tbps switching capacity

• Multicore, distributed processing architecture

• Comprehensive routing, switching, and security

• High-density WAN connections Carrier class resiliency with Intelligent Resilient Fabric (IRF) technology

Connectivity • Multiple WAN interfaces Support Fast Ethernet/Gigabit Ethernet/10GbE ports, OC3~OC48 POS/CPOS, and ATM ports

• Flexible port selection Provides a combination of fiber/copper interface modules, 100/1000BASE-X auto-speed selection, and 10/100/1000BASE-T auto-speed detection plus auto duplex and MDI/MDI-X; is speed adaptable between 155 M POS/622 M POS/Gigabit Ethernet

• Loopback Supports internal loopback testing for maintenance purposes and an increase in availability Performance

• High-performance platform Provides up to 420 Mpps in forwarding and up to 2 Tbps switching capacity

• Variety of high-performance FIP modules Up to 15 Mpps and 40 Gbps with HW Encryption.

FIP-240, FIP-310, FIP-260 (with 4 GB DDR4 SDRAM), and FIP-380 (with 8 GB DDR4

SDRAM).

• Variety of high-performance SAP® Modules Flexibility with 10GbE and 1GbE SAP Module options.

• Variety of high-performance MIC-X Modules JM047A HSR6800 4p 10GbE SFP+ MIC-X Mod. JM048A HSR6800 8p POS MIC-X Mod. R8V36A HSR6800 10p GbE SFP MIC- X Mod R8V37A HSR6800 2p 10GbE SFP+ MICX Mod Resiliency and high availability

• Intelligent Resilient Fabric (IRF) technology Intelligent Resilient Fabric (IRF) technology its’s innovative technology that connects multiple routers through physical IRF ports to achieve system virtualization. All routers appear as one node on the network to allow for simplified configuration, while achieving high resiliency and increased system expandability at lower cost.

• Separate data and control planes Provide greater flexibility and enable continual services

• Hot-swappable modules Facilitate the replacement of hardware interface modules without impacting the traffic flow through the system

• Optional redundant power supply Provides uninterrupted power; allows hot-swapping of one of the two supplies when installed

• Virtual Router Redundancy Protocol (VRRP) Allows groups of two routers to back each other up dynamically to create highly available routed environments

• Graceful restart Aeatures are fully supported, including graceful restart for OSPF, IS-IS, BGP, LDP, and RSVP; the network remains stable during the activestandby switchover; after the switchover, the device quickly learns the network routes by communicating with adjacent routers; forwarding remains uninterrupted during the switchover to achieve nonstop forwarding (NSF)

• Hitless software upgrades Allow patches to be installed without restarting the device, increasing network uptime and simplifying maintenance

• IP Fast Reroute Framework (FRR) Nodes are configured with backup ports and routes; local implementation requires no cooperation of adjacent devices, simplifying the deployment;

solves the traditional convergence faults in IP forwarding; achieves restoration within 50 ms, with the restoration time independent of the number of routes and fast link switchovers without route convergence Layer 3 routing

• Static IPv4 routing Provides simple, manually configured IPv4 routing

• Routing Information Protocol (RIP) Uses a distance vector algorithm with UDP packets for route determination; supports RIPv1 and RIPv2 routing; includes loop protection

• Open Shortest Path First (OSPF) Interior Gateway Protocol (IGP) uses link-state protocol for faster convergence; supports ECMP, NSSA, and MD5 authentication for increased security and graceful restart for faster failure recovery

• Border Gateway Protocol 4 (BGP-4) Exterior Gateway Protocol (EGP) with path vector protocol uses TCP for enhanced reliability for the route discovery process, reduces bandwidth consumption by advertising only incremental updates, and supports extensive policies for increased flexibility, as well as scales to very large networks

• Intermediate system to intermediate system (IS-IS) Interior Gateway Protocol (IGP) uses path vector protocol, which is defined by the ISO organization for IS-IS routing and extended by IETF RFC 1195 to operate in both TCP/IP and the OSI reference model (Integrated IS-IS)

• Static IPv6 routing Provides simple, manually configured IPv6 routing

• Dual IP stack Maintains separate stacks for IPv4 and IPv6 to ease the transition from an IPv4-only network to an IPv6-only network design

• Routing Information Protocol next generation (RIPng) Extends RIPv2 to support IPv6 addressing

• OSPFv3 Provides OSPF support for IPv6

• BGP+ Extends BGP-4 to support Multiprotocol BGP (MBGP), including support for IPv6 addressing

• IS-IS for IPv6 Extends IS-IS to support IPv6 addressing

• IPv6 tunneling Is an important element for the transition from IPv4 to IPv6; allows IPv6 packets to traverse IPv4-only networks by encapsulating the IPv6 packet into a standard IPv4 packet; supports manually configured, 6to4, and Intra-Site Automatic Tunnel Addressing Protocol (ISATAP) tunnels

• Multiprotocol Label Switching (MPLS) Uses BGP to advertise routes across Label Switched Paths (LSPs), but uses simple labels to forward packets from any Layer 2 or Layer 3 protocol, which reduces complexity and increases performance; supports graceful restart for reduced failure impact; supports LSP tunneling and multilevel stacks

• Multiprotocol Label Switching (MPLS) Layer 3 VPN Allows Layer 3 VPNs across a provider network; uses MP-BGP to establish private routes for increased security; supports RFC 2547bis multiple autonomous system VPNs for added flexibility

• Multiprotocol Label Switching (MPLS) Layer 2 VPN Establishes simple Layer 2 point-to-point VPNs across a provider network using only MPLS Label Distribution Protocol (LDP);

requires no routing and therefore decreases complexity, increases performance, and allows VPNs of non-routable protocols; uses no routing information for increased security; supports Circuit Cross Connect (CCC), Static Virtual Circuits (SVCs), Martini draft, and Kompella-draft technologies

• Policy routing Allows custom filters for increased performance and security; supports ACLs, IP prefix, AS paths, community lists, and aggregate policies

• Multicast VPN Supports Multicast Domain (MD) multicast VPN, which can be distributed on separate service cards, providing high performance and flexible configuration

• Virtual Private LAN Service (VPLS) Establishes point to multipoint Layer 2 VPNs across a provider network

CLIN 0002: 1G COMPACT FLASH CARD

Brand name reference:

HPE X600 1G - JC684A

Required generic specifications:

• Designed ForHPE 12504 AC Switch Chassis, 7502, 7503-S Switch with 1 Fabric Slot, 7506- V

CLIN 0003: 1200W AC POWER SUPPLY

Brand name reference:

HPE FlexNetwork HSR6800 - JG335A

Required generic specifications:

• HPE Networking Router Power Supplies

CLIN 0004: 1200W AC POWER SUPPLY

PDU CABLE ROW

Brand name reference:

HPE FlexNetwork HSR6800 - JG335A B2C

Required generic specifications:

• Power cable for 1200 AC Power supply

CLIN 0005: 4-PORT 10GBE SFP+

SERVICE AGGREGATION PLATFORM

ROUTER MODULE

Brand name reference:

HPE FlexNetwork HSR6800 - JG366A

Required generic specifications:

• Form Factor: Plug-in module

• Ports: 10Gb Ethernet x 4

• Connectivity Technology: Wired

• Interfaces: 4 x 10Gb Ethernet - SFP+

• Compatible Slots: 1 x expansion slot

• Designed For: P/N: JG361A, JG361AR, JG362A, JG363A, JG363AR

• Product Description: HPE Service Aggregation Platform Module - expansion module

• Device Type: Expansion module

• Data Link Protocol: 10 GigE

• Data Transfer Rate: 10 Gbps

CLIN 0006: 1.92TB SAS SFF (2.5IN) SSD

WITH ALL-INCLUSIVE SINGLE-

SYSTEM SOFTWARE

Brand name reference:

HPE 3PAR 8000 - K2P89B

Required generic specifications:

• 1.92TB SAS SFF (2.5”) Solid State Drive

CLIN 0007: 10G SFP+ LC SR

TRANSCEIVER

HPE JD092B

CLIN 0008: RSE-X3 ROUTER MAIN

PROCESSING UNIT

HPE FlexNetwork HSR6800 - JH075A

CLIN 0009: 1 YEAR FOUNDATION CARE

NEXT BUSINESS DAY EXCHANGE FOR

ROUTER PRODUCTS SERVICE

HPE U1YD9E

SUBMISSION OF OFFERS:

The complete offer submission shall include:

(1) Volume I - Price Offer and Attachment 1, Representations and Certifications.

(2) Volume II - Technical Capability - Descriptive literature, a delivery confirmation, warranty provisions, and completed Technical Compliance Matrix.

SUBMISSION OF QUESTIONS:

Interested parties may submit any questions concerning the solicitation as soon as possible but not later than 1100 hrs Central European Summer Time (CEST) on Wednesday, August 24, 2022, email to Andra Balta at BaltaA@state.gov. The email subject line must read “Solicitation

19GE5022Q0047”.

Late questions may not be considered.

OFFER DUE DATE:

Offers shall be submitted as soon as possible but not later than 1500 hrs Central European Summer Time (CEST) on Wednesday, August 31, 2022, email to Andra Balta at mailto:BaltaA@state.gov

“BaltaA@state.gov”. The email subject line must read “Solicitation 19GE5022Q0047”. The email size shall not exceed 45 MB.

Late submissions shall not be considered.

Applicable laws and regulations: Solicitation and award will be subject to laws and regulations of the United States of America.

{END OF SOLICITATION}

Attachment 1:

Representations & Certifications

52.212-3 Offeror Representations and Certifications - Commercial Items (Nov 2021)

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. 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"—

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 veteransor, 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—

(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 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 with13 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 at13 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 CFR124.104(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 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.

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 least51 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.

(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 paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern.

[Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture:

__________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order11246- (1) Previous contracts and compliance. The offeror represents that-

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)

(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(g) (1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)

(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

[List as necessary]

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals–

(1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(i)…