CSS 23Q0047-0002.pdf

COMBINED SYNOPSIS & SOLICITATION

United States Embassy Dushanbe, Tajikistan Narcotics identification kits (Brand Name or Equal) and

Handheld Raman Spectrometer (Brand Name or Equal)

SOLICITATION NO. 19GE5023Q0047-0002

Issued by:

American Consulate General Regional Procurement Support Office Giessener Strasse 30 60435 Frankfurt am Main Germany

June 26, 2023

Combined Synopsis and Solicitation

Solicitation Number 19GE5023Q0047-0002

The American Consulate General Frankfurt hereby provides amendment 0002 for:

Urgent supply and delivery of Narcotics identification kits (Brand Name or Equal) and Handheld Raman Spectrometer (Brand Name or Equal) for the U.S. Embassy Dushanbe, Tajikistan on behalf of the Bureau of International Narcotics and Law Enforcement Affairs (INL). The amendment is issued to:

1. Remove brand name only justification for the Raman Spectrometer. This is now a requirement for brand name or equal. See the technical compliance matrix in Volume II.

2. Provide offerors the option to submit multiple offers.

3. Extend the deadline for submission of quotes to 16:00pm CEST on July 06, 2023.

All interested sellers shall review the solicitation amendment 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 19GE5023Q0047-0001 and is issued as a Request for Quotations (RFQ), unless otherwise indicated herein.

AMERICAN CONSULATE GENERAL

Regional Procurement Support Office

Giessener Strasse 30 60435 Frankfurt am Main

Germany

Tel: (49) 69 7535 3331 E-mail: PfannkucheS@state.gov

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2023-04, effective June 02, 2023.

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 Tajikistan. 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.

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

Multiple Offers:

The government is allowing multiple offers and may issue one award or two separate awards (one for the Narcotics identification kits and one for the specified Rigaku ResQ CQL Hendheld Raman Spectrometer) if doing so is in its best interest. To determine whether or not to issue two separate awards, the government will add $500.00 to each award to estimate the lowest-priced option between single and multiple award.

Value Added Tax (VAT):

As this is a technical assistance project, no tax or custom fees are applied (project registration documents will be provided to the vendors upon request).

Warranty:

The Contractor shall provide a copy of standard warranty information in the English language. 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 Dushanbe, Tajikistan, 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.

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.

This is technical assistance project. No 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. All items must be of high quality and officially imported into Tajikistan.

Acquisition Method and Extent of Competition:

This solicitation is utilizing Simplified Acquisition Procedures at FAR 13. Competition is full and open.

APPLICABLE CLAUSES AND PROVISIONS

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

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) https://www.acquisition.gov/browse/index/far

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 52.211-6 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 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 (Jun 2023) - the applicable clauses under paragraph (b) are: 52.204-27, 52.222-19; 52.222-50; 52.223-18; 52.225-13; 52.232-33; 52.232-34;

[additional clauses for U.S Based Company: 52.222-21; 52.222-26].

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

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) technical capability of the item offered to meet the Government requirement

(ii) price

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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 http://ice.cgfs.state.sbu/ 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.

(End of provision)

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:

CLIN Description Unit Quantity Unit

Price Extended

Cost 0001 Opium alkaloids test kit consisting of:

heavy-duty, flexible plastic pouch which contains pre-filled, hermetically sealed glass ampoules held together by a plastic harness as well as a drug loading device.

The glass ampoules contain a pre-measured volume of the required chemicals to perform the test.

Self-contained rapid test kits for presumptive testing of suspect controlled substances in a field environment.

Each 10

Price

Extended Cost

0002 Methamphetamine/Ecstasy test kit consisting of:

heavy-duty, flexible plastic pouch which contains pre-filled, hermetically sealed glass ampoules held together by a plastic harness as well as a drug loading device.

The glass ampoules contain a pre-measured volume of the required chemicals to perform the test.

Self-contained rapid test kits for presumptive testing of suspect controlled

0003 Opiates test kit consisting of:

heavy-duty, flexible plastic pouch which contains pre-filled, hermetically sealed glass ampoules held together by a plastic harness as well as a drug loading device.

The glass ampoules contain a pre-measured volume of the required chemicals to perform the test. Self-contained rapid test kits for presumptive testing of suspect controlled

0004 Master Narcotics Investigation kit consisting of:

- Carrying Case with foam insert and divider

Each 2

Extended Cost

- 70 individual presumptive drug testing pouch kits

- 50 cocaine identification swabs

- Required components for developing and lifting latent prints, packaging evidence, and taking elimination fingerprints

0005 Confirming Test Kit consisting of:

heavy-duty, flexible plastic pouch which contains pre-filled, hermetically sealed glass ampoules held together by a plastic harness as well as a drug loading device.

The glass ampoules contain a pre-measured volume of the required chemicals to perform the test.

Self-contained rapid test kits for presumptive testing of suspect controlled

0006 NIK Master-Pac consisting of:

- 20 ea. Tests A and E

- 10 ea. Tests B, C, D, G, H, J, K, L, and U

- 10 ea. Acid Neutralizer (Test F)

- 1 ea. Identidrug™ Desk Chart, 7" x 11"

- 1 ea. Audio Training CD (English)

- 1 ea. Polytesting Instruction Manual

- 1 ea. Polytesting Report Pad

Extended Cost

- 1 ea. Plastic Carrying Case

0007 Master Evidence Collection Kit consisting of:

- Pelican Case

- 6" X 9" Kraft Evidence

Envelopes

- Black Sharpies

- Pk/12 4" X 4" Clear J-Lifts

- Recloseable Evidence Bags

4" X 6"

- Recloseable Evidence Bags

6" X 8"

- Glassine Envelopes 3" X 4"

- Sterile Cotton Swabs 6", 2/Pk

- Pipettes 7mL

- Sterile Water Ampules

5mL

- 7’’ Sterile Cuticle Sticks

- Slide Evidence Boxes, 2.5"

X 1.5" X 5/8"

- Fiberglass Brushes

- Disposable Tweezers

- Disposable Scalpel, Rounded Blade

- Disposable Scalpel, Pointed Blade

- Ink/Powder Remover

Wipes

- Swab Boxes, Single, 6"

- Individually Packaged

Black Combs

- Seal-Guard Evidence Tape

Red w/ White Stripe 108’

- ‘Crime Scene Do Not

Cross’ Barrier Tape, 1000’

- Dissecting Blades

- Hand Preservation Bag

Pairs

- Reusable Faraday Bag, 11"

X 8"

- Bio-Swabs

- Stat-Lifts

- Black Fingerprint Powder 2

Oz.

Each 3

Extended Cost

- Dual Fingerprint Powder 2 Oz.

- White Backing Cards 3" X 5"

- Black Backing Cards 3" X 5"

- Clear Lifting Tape 2"

- Set Photo Tents, 1-20, Scaled, 3.5"

- Printed Evidence Bags, 7"

X 4" X 13.5"

- Printed Evidence Bags, 8"

X 5.25" X 15.5"

- Shadow Black Nitrile

Gloves, Large Corner Rulers

- Gray Photo Rulers

- Tamper Indicating

Evidence Bags, 6" X 9"

- Tamper Indicating

Evidence Bags, 4" X 9"

- Safety Glasses

0008 Handheld Raman Analyzers

0009 Shipping Charges, F.O.B.

Destination Dushanbe, Tajikistan

Lot 1

(ii) 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (Dec 2022)

Offeror Representations and Certifications—Commercial Products and Commercial Services -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/portal. 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.

https://www.sam.gov/portal

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 Dushanbe, Tajikistan.

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

(D) Technical Compliance Matrix for CLINs 0006 - 0008:

REQUIRED SPECIFICATIONS for CLINs 0006 - 0008:

PLACE OF

MANUFACTURE (TO

BE COMPLETED BY

OFFEROR)

OFFERED

SPECIFICATIONS (TO BE

COMPLETED BY

OFFEROR)

CLIN 0006:

NIK Master-Pac consisting of:

- 20 ea. Tests A and E

- 10 ea. Tests B, C, D, G, H, J, K, L, and U

- 10 ea. Acid Neutralizer (Test F)

- 1 ea. Identidrug™ Desk Chart, 7" x 11"

- 1 ea. Audio Training CD (English)

- 1 ea. Polytesting Instruction Manual

- 1 ea. Polytesting Report Pad -1 ea. Plastic Carrying Case

CLIN 0007:

Master Evidence Collection Kit consisting of:

- Pelican Case

- 6" X 9" Kraft Evidence Envelopes

- Black Sharpies

- Pk/12 4" X 4" Clear J-Lifts

- Recloseable Evidence Bags 4" X 6"

- Recloseable Evidence Bags 6" X 8"

- Glassine Envelopes 3" X 4"

- Sterile Cotton Swabs 6", 2/Pk

- Pipettes 7mL

- Sterile Water Ampules 5mL

- 7’’ Sterile Cuticle Sticks

- Slide Evidence Boxes, 2.5" X 1.5" X 5/8"

- Fiberglass Brushes

- Disposable Tweezers

- Disposable Scalpel, Rounded Blade

- Disposable Scalpel, Pointed Blade

- Ink/Powder Remover Wipes

- Swab Boxes, Single, 6"

- Individually Packaged Black Combs

- Seal-Guard Evidence Tape Red w/ White Stripe 108’

- ‘Crime Scene Do Not Cross’ Barrier Tape, 1000’

- Dissecting Blades

- Hand Preservation Bag Pairs

- Reusable Faraday Bag, 11" X 8"

- Bio-Swabs

- Stat-Lifts

- Black Fingerprint Powder 2 Oz.

- Dual Fingerprint Powder 2 Oz.

- White Backing Cards 3" X 5"

- Black Backing Cards 3" X 5"

- Clear Lifting Tape 2"

- Set Photo Tents, 1-20, Scaled, 3.5"

- Printed Evidence Bags, 7" X 4" X 13.5"

- Printed Evidence Bags, 8" X 5.25" X 15.5"

- Shadow Black Nitrile Gloves, Large Corner Rulers

- Gray Photo Rulers

- Tamper Indicating Evidence Bags, 6" X 9"

- Tamper Indicating Evidence Bags, 4" X 9"

- Safety Glasses

CLIN 0008:

Handheld Raman Analyzers must meet the following specifications:

- Capable of rapidly (in under 1 minute) analyze colored and “dirty” substances, through colored translucent containers and packaging, without a resultant “significant” increase in sample temperature;

- Provide “definitive” results for the full spectrum of compounds/substances/materials, to include narcotics, explosives, CWA, TIC/TIM, common cutting agents, precursors, etc.

- Must be U.S. DoD JPEO (Joint Program Executive Office) DR SKO (Dismounted Reconnaissance Sets, Kits, and Outfits) program approved (or capable of being approved, safe for use with energetic/sensitive materials).

- Must utilize technology which allows for extremely rapid, safe (can scan through colored packaging), and accurate (minimizing fluorescence) analysis of unknown potentially hazardous substances;

- Must be available in Russian and/or Tajik language;

- Operator manual in Russian and/or Tajik is highly desirable, but not required;

- Must provide rapid identification of highly fluorescent materials;

- Low-to-no ignition risk for dark and sensitive materials;

- Ability to measure through multiple nested clear or translucent containers/enclosures;

- No sample preparation requirement;

- Safe for use with energetic materials (explosives, sensitive primaries and HMEs, fulminates, gunpowder, black powders, military explosives, etc.) – required;

- No eye protection requirement is a highly desirable feature;

- Standoff interrogation/analysis (up to 6 feet) is a desired, but not required, feature;

- Must be held easily in one hand;

- On-board digital camera for photo-analysis matching (pictorial evidence) is a desired, but not required, feature;

- Data transfer via WiFi is a desired, but not required, feature;

- The ability to detect non-visible amounts of narcotics and/or explosives through colorimetrics testing is a desirable documentation feature, but not required.

- Must measure and identify a broad range of substances, including colored substances, through colored and translucent packaging/containers.

- Must possess a full library of compounds including chemical warfare agents, toxic industrial chemicals/materials, narcotics, prescription drugs, synthetics, explosives, precursors, chemicals, and common cutting agents;

- An automatic mixture analysis threat recipe alert algorithm would be beneficial, but not required.

SUBMISSION OF OFFERS:

The complete offer submission shall include:

(1) Volume I - Price Offer and Attachment 1 – Representation and Certifications

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

Deadline for 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 (CEST) on Friday, June 30, 2023 email to Sarah Pfannkuche at PfannkucheS@state.gov and FrankfurtRPSO@state.gov. The email subject line must read “Solicitation 19GE5023Q0047-0002”

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 (CEST) on Thursday, July 06, 2023 email to Sarah Pfannkuche at PfannkucheS@state.gov and FrankfurtRPSO@state.gov. The email subject line must read “Solicitation 19GE5023Q0047-0002”.

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}

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Attachment 1

Representations & Certifications

1. FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and

2. FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

3. Certification

FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and

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.

https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 https://www.ecfr.gov/current/title-13/section-127.300

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.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

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— https://www.acquisition.gov/far/part-52#FAR_52_204_25

(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 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 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim https://www.ecfr.gov/current/title-13/part-121 https://www.ecfr.gov/current/title-13/part-121

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) https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_3 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.

https://www.acquisition.gov/far/part-4#FAR_4_1201 https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(b) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(1) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(1) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(2)

(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-https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-126.200 https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(a) https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(a) https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(c)

(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).

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_225_1

(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. ___

[List as necessary]

(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."

https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/part-52#FAR_52_225_3

(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. ___ https://www.acquisition.gov/far/part-25#FAR_25_105

(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."

https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_5

(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…