19GE5023Q0042.pdf

COMBINED SYNOPSIS & SOLICITATION

United States Embassy Kyiv, Ukraine

Portable Charging Stations and Solar Sets

SOLICITATION NO. 19GE5023Q0042

Issued by:

American Consulate General

Regional Procurement Support Office

Giessener Strasse 30

60435 Frankfurt am Main

Germany

April 21, 2023

Combined Synopsis and Solicitation

Solicitation Number 19GE5023Q0042

The American Consulate General Frankfurt hereby provides the following Combined Synopsis and Solicitation for:

Supply and delivery of Portable Charging Stations and Solar Sets – Brand Name or Equal for the U.S. Embassy Kyiv, Ukraine on behalf of the Bureau of International Narcotics and

Law Enforcement Affairs (INL). All interested sellers shall review the solicitation and offer equipment in accordance with the specification provided in this document.

One or more of the items under this acquisition is subject to the World Trade Organization

Government Procurement Agreement and Free Trade Agreements.

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 19GE5023Q0013 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 2023-02, effective March 16, 2023.

AMERICAN CONSULATE GENERAL

Regional Procurement Support Office

Giessener Strasse 30

60435 Frankfurt am Main

Germany

Tel: (49) 69 7535 3309

E-mail: BrownSC@state.gov

Acquisition Method and Extent of Competition:

This commercial acquisition is utilizing Simplified Acquisition Procedures. Competition is full and open, subject to WTO GPA guidelines.

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 Ukraine. 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 Contractor shall state in its export license request that this is a U.S. government funded contract.

• The Contractor shall provide a letter of guarantee certifying that the vendor is not subject to sanctions pursuant to the effective laws of Ukraine.

• The Contractor shall provide name and actual physical and mailing addresses of product manufacturers, not point of sale locations.

• All offer electrical devices shall be compatible with standard Ukrainian voltage (220-230 volts), support 50Hz current frequency and have C (European) or F (Schuko) plug type.

• All manuals and literature shall be in the English.

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, Kyiv, Ukraine, as soon as possible but not later than

60 days from the date of contract award and in accordance with the instructions you receive from the Point of Contact (POC). The exact address and the POC will be advised on award.

Delivery Address:

U.S. Embassy Kyiv

4 Sikorsky St, Kyiv, 01000, Ukraine

Partial shipment is not encouraged; however, the Contracting Officer will allow a maximum of two shipments if necessary.

Marking and Submission of Documents:

The cargo must be clearly marked with the requisition and purchase order number (to be advised on award). If applicable, the Contractor shall provide delivery information or certificates of origin and shipping documents for the required goods being imported to the Point of Contact

(POC) (to be advised on award) in advance of delivery.

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.

Defense Articles, 600 series assets, and items/units that cost $2,500 or more should be tagged with barcodes and serial numbers. For items that contain multiple pieces, each piece should be tagged with a unique tag and a barcode. Upon delivery, vendors should submit a list of all tagged items and pieces along with their unique tag numbers and serial numbers. Vendors should consult MIL-STD-129 and other industry best practices for recommended placement of barcodes. For additional questions POC information will be provided upon award.

This is technical assistance project. No local taxes or custom fees are applied.

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.

List of Attachments:

Attachment 1 – Representations and Certifications

Attachment 2 – Form W-14

Attachment 3 – Instructions for Form W-14

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:

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 Products and Commercial Services (Dec 2022)

Clause/Provision Title and Date

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

Commercial Services (Dec 2022)

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

DOSAR 652.225-71 Section 8(a) of the Export Administration Act, as amended (Aug

1999)

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 Items (Dec

2022)

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 (Dec 2022) - the applicable clauses under paragraph (b) are: 52.204-10; 52.209-6; 52.222-19; 52.222-50; 52.223-

18;52.225-5; 52.225-13;52.229-12; 52.232-33 [U.S Based Company: 52.222-21; 52.222-26;

52.222-36].

Addendum to FAR 52.212-5 Contract Terms and Conditions Required to Implement

Statutes or Executive Orders—Commercial Products and Commercial Services (Dec 2022)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and

10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.203-17, Contractor Employee Whistleblower Right and Requirement To Inform

Employees of Whistleblower Rights (April 2014)( 4 1 U.S.C. 4712) relating to whistleblower protections).

(End of addendum)

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

Addendum to FAR 52.212-2 Evaluation – Commercial Items (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, VAT (if applicable) etc.

(ii) Technical Capability/Acceptability

(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 the U.S. Department of

State foreign currency exchange rate 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.

FAR 52.233-2 Service of Protest (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government

Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Regional Support Office, Giesenerstrasse 30, 60435 Frankfurt, Germany.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

DOSAR 652.206-70 Advocate for Competition/Ombudsman (Feb 2015)

(a) The Department of State’s Advocate for Competition is responsible for assisting industry in removing restrictive requirements from Department of State solicitations and removing barriers to full and open competition and use of commercial items. If such a solicitation is considered competitively restrictive or does not appear properly conducive to competition and commercial practices, potential offerors are encouraged first to contact the contracting office for the solicitation. If concerns remain unresolved, contact:

https://www.acquisition.gov/far/part-33#FAR_33_101

1. For solicitations issued by the Office of Acquisition Management (A/LM/AQM) or a Regional Procurement Support Office, the A/LM/AQM Advocate for

Competition, at AQMCompetitionAdvocate@state.gov.

2. For all others, the Department of State Advocate for Competition at cat@state.gov.

(b) The Department of State’s Acquisition Ombudsman has been appointed to hear concerns from potential offerors and contractors during the pre-award and post-award phases of this acquisition. The role of the ombudsman is not to diminish the authority of the contracting officer, the Technical Evaluation Panel or Source Evaluation Board, or the selection official. The purpose of the ombudsman is to facilitate the communication of concerns, issues, disagreements, and recommendations of interested parties to the appropriate Government personnel, and work to resolve them. When requested and appropriate, the ombudsman will maintain strict confidentiality as to the source of the concern. The ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Interested parties are invited to contact the contracting activity ombudsman, Sharon D.

James, at (571) 451 4912. For an American Embassy or overseas post, refer to the numbers below for the Department Acquisition Ombudsman. Concerns, issues, disagreements, and recommendations which cannot be resolved at a contracting activity level may be referred to the

Department of State Acquisition Ombudsman at (703) 516-1696 or write to: Department of

State, Acquisition Ombudsman, Office of the Procurement Executive (A/OPE), Suite 1060, SA-

15, Washington, DC 20520.

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:

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 in the table below:

mailto:AQMCompetitionAdvocate@state.gov mailto:cat@state.gov

CLIN Description Place of

Manufacture

(Representation &

Certification)

Unit Quantity Unit

Price

Extended

Cost

0001 Portable Power station

EcoFlow Delta Max 2000

Power Station – EU version (brand name or equal)

Each 253

0002 Portable solar panel set for portable power station charging Ecoflow 400W

Solar Panel (brand name or equal)

Each 253

0003 Value Added Tax (VAT), if applicable

N/A Lot

0004 Shipping Charges, F.O.B.

Destination Kyiv, Ukraine

N/A Lot

(ii) Completed Attachment 1 – Representations and Certifications (FAR 52.212-3, FAR 52.204-24 (if applicable); FAR 52.209-7 and FAR 52.229-11.

(iii) Completed Attachment 2 – Form W-14 – if the offeror has represented that it is not a U.S. person and is eligible for exemption from the 2% excise tax.

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 Kyiv, Ukraine.

(C) Warranty provisions: Standard warranty is implied and shall be included in the contract price. Provide name and address of local representative for warranty and replacement in Ukraine.

(D) Completed Technical Compliance Matrix:

TECHNICAL COMPLIANCE MATRIX

REQUIRED

SPECIFICATIONS

(BRAND NAME OR

EQUAL):

PLACE OF

MANUFACTURE

(REPRESENTATION

& CERTIFICATION)

(TO BE COMPLETED

BY OFFEROR)

OFFERED

SPECIFICATIONS (TO BE

COMPLETED BY

OFFEROR)

CLIN 0001:

Portable Power station

EcoFlow Delta Max 2000

Power Station – EU version

(brand name or equal)

Specifications:

AC charging cable: 1,5 m

Car charging cable: 2 m

DC5521 to DC5525 cable

Battery type: lithium-ion (800+ life cycles = - 20% battery capacity)

Battery capacity in Wh: 2016

Wh

Output USB: 2 x USB-A, 2 x fast charge USB port, 2 x USB-

C port: 100W

Output DC: 12 V car port, 2 x

DC5521 output: 12.6V DC, 3A

Output 230 V: 4 x AC 230 V

(EU Schuko), total max. 2400

W continuous load, total max.

5000 W peak load

Input DC: wall charger port

1800 W, universal solar charging (MC4) port 800 W /

11-100V, car charger 12V/24V

DC 8A max

Recharge time via AC - 1,5 hrs.

WiFi-function: yes

Approximate dimensions: up to

50 cm x 25 cm x 35 cm

Solar charge option: up to 3 hours

Smart app control: yes

SPECIFICATIONS

(BRAND NAME OR

EQUAL):

PLACE OF

MANUFACTURE

(REPRESENTATION

& CERTIFICATION)

(TO BE COMPLETED

BY OFFEROR)

OFFERED

SPECIFICATIONS (TO BE

COMPLETED BY

OFFEROR)

Frequency: 50-60Hz

Power multiple devices simultaneously: yes

Weight: up to 22 kg

CLIN 0002:

Portable solar panel set for portable power station charging Ecoflow 400W

Solar Panel (brand name or equal)

Specifications:

Compatible with CLIN 001

Cell type: monocrystalline silicon (22,4% efficiency)

Power: 400 W

Voltage open circuit: 48 V

Ampere maximum power: 9,8 A

Voltage maximum power: 41 V

Ampere short circuit: 11 A

Type of output: MC4 port

Waterproof: durable with IP68 waterproof rating

Dimensions: up to 110 cm x 240 cm x 3 cm (unfolded, up to 110 x 62,0 x 3 cm)

Weight: up to 15 kg

Made of: durable tempered glass

Self-supporting: with an adjustable angle

Each set includes:

Solar panels

DC 5521 to DC 5525 cable

SPECIFICATIONS

(BRAND NAME OR

EQUAL):

PLACE OF

MANUFACTURE

(REPRESENTATION

& CERTIFICATION)

(TO BE COMPLETED

BY OFFEROR)

OFFERED

SPECIFICATIONS (TO BE

COMPLETED BY

OFFEROR)

Solar charging cable

AC charging cable

Car charging cable

Set of 10 gauge 30 feet solar extension cables

SUBMISSION OF OFFERS:

The complete offer submission shall include:

(1) Volume I - Price Offer, Attachment 1 - Representations and Certifications and, if applicable, a completed W-14 Form.

(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 Time (CET) on Friday, May 19, 2023 email to

Susan Brown at BrownSC@state.gov and FrankfurtRPSO@state.gov. The email subject line must read “Solicitation 19GE5023Q0042”

Late questions may not be considered.

Offer due date:

Offers shall be submitted as soon as possible but not later than 1600 hrs Central European

Time (CET) on Monday, June 5, 2023, email to Susan Brown at BrownSC@state.gov and

FrankfurtRPSO@state.gov. The email subject line must read “Solicitation 19GE5023Q0042”.

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 Products and

Commercial Services (Dec 2022)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management

(SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

"Covered telecommunications equipment or services" has the meaning provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13

CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-

9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on

Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets

Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended. "Sensitive technology"—

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—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR

121.103.

Small disadvantaged business concern, consistent 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 business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at 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.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR

127.300.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for 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 is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that—

(i) It □ is, □ is not a small business concern; or

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of

13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(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—

(i) It □ is, □ is not a service-disabled veteran-owned small business concern; or

(ii)It □ is, □ is not a joint venture that complies with the requirements of 13 CFR

125.18(b)(1) and (2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(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 CFR 124.1002.

(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 joint venture eligible under the WOSB Program. The offeror represents that it

□ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through

(c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

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

The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of

13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(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, as having been certified by SBA as a HUBZone small business concern in the

Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of

HUBZone residents of 35 percent of its employees during performance of a HUBZone contract

(see 13 CFR 126.200(e)(1)); and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13

CFR 126.616(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Each HUBZone small business concern participating in the

HUBZone joint venture shall provide representation of its HUBZone status.

(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 and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component, 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. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” “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 Exceeds 55% Domestic

Content (yes/no)

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No. ___

(4) 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 and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "critical component," "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:

Line Item No. Country of Origin

(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. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

Other Foreign End Products:

Line Item No. Country of Origin Exceeds 55% Domestic

Content (yes/no)

(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

Line Item No. ___

(v) 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 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 Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—

Israeli Trade Act”:

Israeli End Products:

Line Item No.

(3) 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:

(4) 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) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under

I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency.

This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax

Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered…