19GE5023Q0048.pdf

UNCLASSIFIED

COMBINED SYNOPSIS & SOLICITATION

United States Embassy Kyiv, Ukraine

Explosive Ordnance Disposal Equipment

(Brand Name or Equal)

Issued by:

American Consulate General Regional

Procurement Support Office

Giessener Strasse 30

60435 Frankfurt am Main

Germany

SOLICITATION NO. 19GE5023Q0048

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

May 10, 2023

Combined Synopsis and Solicitation

Solicitation Number 19GE5023Q0048

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

Urgent supply and delivery of Explosive Ordnance Disposal (EOD) Equipment (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 listed items in accordance with the specification provided in this document.

The evaluation of offers will be based on best value using comparative evaluation authorized under FAR 13.106-2(b). A comparative evaluation is defined as the act of comparing two or more offers in response to the RFQ. The item-by-item comparison is performed by comparing each offer directly to one another to determine which provides the bast value to the Department.

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 19GE5023Q0048 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.

Contract Type:

The Government intends to award a single, firm fixed-price contract to the responsible offeror whose offer is evaluated as best value to the Government. The total price shall include all labor, equipment, delivery charges, materials, overhead, profit, insurance, mailto:PfannkucheS@state.gov 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.

• All required documents shall be provided to complete customs clearance procedures in accordance with Ukrainian requirements.

• 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.

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

• The Contractor shall provide repair services for malfunctioned equipment from authorized service centers locally in Ukraine.

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.

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 manufacturer warranty information for all proposed items. 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.

Regarding the metal detectors only: The Contractor shall provide warranty services with ability to provide repair services for malfunctioned equipment from authorized service centers locally in

Ukraine.

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.

The Contractor is responsible for customs documentation, if needed.

The Contractor shall provide an itemized commercial invoice of all cargo prior to delivery.

Marking and Submission of Documents:

The cargo must be clearly marked with the requisition and purchase order number (to be advised on award). 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.

Defense Articles, 600 series assets, and items/units that cost $2,500 or more shall be tagged with barcodes and serial numbers. Vendors shall consult MIL-STD-129 and other industry best practices for recommended placement of barcodes. Vendors may consult INL/Kyiv (Email address to be provided on award) with additional questions.

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 Ukraine.

List of Attachments:

Attachment 1 – Representation and Certifications

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 (Mar 2023)

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

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

(Mar 2023)

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

DOSAR 652.225-71 Section 8(a) of the Export Administration Act of 1979, as Amended (Aug

1999)

DOSAR 652.229-70 Excise Tax Exemption Statement for Contractors Within the

United States (Jul 1988)

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)

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

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 Addendum)

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive

Orders—Commercial Products and Commercial Services (Mar 2023) - the applicable clauses under paragraph (b) are: 52.209-6; 52.222-19; 52.222-50; 52.223-18; 52.225-13; 52.232-33; 52.232-

34; [U.S Based Company: 52.222-21; 52.222-26; 52.222-50].

(End of Clause)

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

(b) 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

(c) 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).

(d) 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.

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

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

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

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

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

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

Commercial Services (Nov 2021)

Pursuant to FAR 12.302(d), the provision at FAR 52.212-1, Instructions to Offerors -

Commercial Product and Commercial Services (Nov 2021) is augmented as follows:

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

VOLUME I:

1. PRICING

The offeror shall complete pricing information in the table below for: EOD Equipment (Brand

Name or Equal):

CLIN Description Unit Quantity Unit Price

Extended Cost

0001 MODULAR BOMB SUIT

HEROVITH 240/60 BY

VELMET

Each 2

0002 ULTRA COMPACT

METAL DETECTOR

VALLON VMC4 WITH

ACCESSORIES

Each 4

0003 FOLDING GRAPPLING

HOOK WITH THREE 1/8

INCH TINES

Each 4

0004 FOLDING GRAPPLING

HOOK WITH FOUR 1/8

INCH TINES

Each 4

0005 FOLDING GRAPPLING

HOOK WITH THREE 3/16

INCH TINES

Each 2

0006 EOD ADVANCED HOOK

AND LINE KIT (MXP-

HL301), IDEAL BLASTING

PART#5884

Each 2

0007 SEARCH PROBE ЩП-8 Each 10

0008 DELIVERY CHARGES Lot 1

TOTAL CLINs 0001-0008

CURRENCY: _____________________

2. COMPLETED ATTACHMENT 1 – REPRESENTATIONS AND

CERTIFICATIONS

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.

(D) Salient Features:

• The bomb suit must be modular, designed to protect the wearer from excessive pressure of air shock wave, fragments, exposure to heat, open flame and injuries from falls. Must have protective body elements, leg protection, soft and hard armor panels, shatter resistance of not less than 550 m/s (Vizor - 450 (600) m/s), over 90% fragment protection, explosive protection. The maximum weight of protective modular complex shall be no more than 30 kg.

• The metal detectors must be sensitive in detection of shallow objects, must have high-quality carbon telescoping carrying bar, must be able to detect material and wires with low conductivity, must have integrated GNSS for automatic and manual storage of waypoints, must have infrared LED display, Bluetooth and Wi-Fi interface

• The folding grappling hooks must meet the hook types described and must be designed for dismounted C-IED operations, flat folded, must be able to snap open, 90 degrees sharper angle of the four hooks

• The tactical kit must be lightweight, compact, adaptable and reliable and suitable for

Tactical, SWAT, Dismounted IEDD, Route Clearance and other equal challenging operations and must high quality components, stainless steel hooks, high-strength marine-grade pulleys, low-stretch high-grade Kevlar Rope and other essential tools made specifically for Improvised Explosive Device (IED), remote movement and remote handling operations.

• The search probe 8 must have a maximum length of not less than 1650mm with handle and minimum lengths of not less than 450mm with handle, maximum weight of 2.1kg, and must be designed for searching of objects and hiding places during search operations.

(E) Technical Compliance Matrix:

Name Description Qty PLACE OF

MANUFACTURE

(TO BE

COMPLETED BY

OFFEROR)

OFFERED

SPECIFICATIONS (TO BE

COMPLETED BY

OFFEROR)

CLIN 0001:

MODULAR BOMB SUIT HEROVITH

240/60 BY VELMET (BRAND NAME

OR EQUAL)

Modularity The suit shall be modular, meaning it can be assembled from components ranging from a plate carrier to an engineering suit

Modular system shall include protective vest with soft and hard armor elements;

protective shorts with belt-shaller system;

protection elements of the lower part of the leg (shin area);

elements of protection of the upper part of the arm

(shaller joint and shaller);

elements of protection of the lower part of the hand

(forearm area);

a protective cape with a limiter for an armored helmet;

a protective shield made of high-strength polymer materials;

a Kevlar tactical helmet with an armor visor (bullet-resistant visor);

leg protection from anti-personnel mines

Sizes Medium or Large (for 170-

180 cm high

Color Green, Olive drab or Tan

Soft Armor plates

The suit includes soft armor panels made of UHMWPE

+ Aramid according to

DSTU 8782:2018 with a total area of +/- 230 dm2.

Hard

Armor plates

The suit shall include hard armor panels according to class 4 of DSTU 8782:2018 with a total area of +/- 14 dm2.

Shatter resistance:

The suit shall have a shatter resistance of not less than

550 m/s (Vizor - 450 (600) m/s) according to STANAG

2920 V50, VST 01.301.003.

Fragment protection:

The total amount of body protection against fragments flying at speeds of 550-720 m/s is 92%.

Explosive protection

The suit shall provide protection of the chest, abdomen, and groin area from the explosive effects of

240 g of TNT at a distance of 60 cm to the nearest part of the body.

Weight The maximum weight of the protective modular complex shall be no more than 30 kg

CLIN 0002:

ULTRA COMPACT METAL

DETECTOR VALLON VMC4 WITH

ACCESSORIES (BRAND NAME OR

EQUAL)

Metal-detector kit shall include:

External headphones transport bag, spare AA/Mignon adapter

VMC4,

charging cable

VMF4/VMH4/VMC4.

Ultra compact design:

- Sensitive in detection of shallow objects

- carbon telescoping carrying bar

- Detection of material and wires with low conductivity

- Pinpoint button for a higher degree of location detection accuracy

- Integrated GNSS for automatic and manual storage of waypoints

- Infrared LED display for use with night vision devices and vibration alarm for covert operations

- Bluetooth and Wi-Fi interface for cable-free access to the integrated web server

CLIN 0003:

FOLDING GRAPPLING HOOK WITH

THREE 1/8 INCH TINES (BRAND

NAME OR EQUAL)

Hook type

THREE 1/8 inch tines designed specifically for dismounted C-

IED operations four tines shall be folded flat for storage in a pouch or pocket tines shall not require threading or assembly

CLIN 0004:

FOLDING GRAPPLING HOOK WITH

FOUR 1/8 INCH TINES (BRAND

NAME OR EQUAL)

FOUR 1/8 inch tines

CLIN 0005:

FOLDING GRAPPLING HOOK WITH

THREE 3/16 INCH TINES (BRAND

NAME OR EQUAL)

THREE 3/16 inch tines

CLIN 0006:

EOD ADVANCED HOOK AND LINE

KIT (MXP-HL301), IDEAL BLASTING

PART#5884 (BRAND NAME OR

EQUAL)

must be lightweight, compact, adaptable, and reliable. The kit must be suitable for

Tactical, SWAT, Dismounted IEDD, Route

Clearance or other tasks and equally challenging operations.

The kit must have compact design for excellent mobility and be easily secured to protective equipment or hand carried.

Shall include high quality components:

stainless steel hooks, high-strength marine-grade pulleys, low-stretch high-grade Kevlar Rope and other essential tools made specifically for Improvised Explosive Device (IED), remote movement and remote handling operations.

The kit shall come in a pouch and at minimum be comprised of the following modules: Line Module, Basic Clamp &

Manipulation Module, Anchor Module, Attach module

The kit must include a pouch, various hooks, various carabiners, various locking pliers, pulley system, drive pins, a forceps, eye bolts, strap, rope cutter, pull line with reel, door hook, anchor, split pulley, snatch block, trigger

Made of solid aluminum and steel

CLIN 0007:

SEARCH PROBE ЩП-8 (BRAND

NAME OR EQUAL)

Search probe shall be designed for reconnaissance and search of anti-personnel mines during demining work, as well as for searching for other objects and hiding places during search operations.

The probe shall consist of:

-a wooden handle and three aluminum extension rods to which two interchangeable tips are attached using a threaded nut - steel and dielectric.

The threaded nut must have two holes that allow attaching interchangeable tips along the axis of the probe or at an angle of 30 degrees, to allow the probe to be assembled in two options - for standing work or for lying work.

the probe shall come with a carrying case

SPECS:

- Max length with handle not less than – 1650mm

- Min length with handle not less than – 450mm

- Weight of the set not more than -

2.1kg

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:

- (A) Descriptive literature,

- (B) Delivery confirmation,

- (C) Warranty provisions,

- (E) 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 (CET) on Thursday, May 25, 2023 email to Sarah Pfannkuche at PfannkucheS@state.gov and FrankfurtRPSO@state.gov. The email subject line must read

“Solicitation 19GE5023Q0048”.

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 Thursday, June 08, 2023 email to Sarah Pfannkuche at PfannkucheS@state.gov and

FrankfurtRPSO@state.gov. The email subject line must read “Solicitation 19GE5023Q0048”.

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}

mailto:FrankfurtRPSO@state.gov mailto:FrankfurtRPSO@state.gov

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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.

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 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 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 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title6-section395&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_25

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 recognizedpeacekeeping force or humanitarian organization;

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

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

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the

President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the

International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in 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 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-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 https://www.ecfr.gov/current/title-13/part-121 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 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 http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_3 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-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(b) 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 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) 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(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) 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 affirmativeaction 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.

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) http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_225_1

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

"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).

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:

(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.

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

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…