19GE5023Q0100.pdf

UNCLASSIFIED

COMBINED SYNOPSIS & SOLICITATION

United States Embassy Bangkok, Thailand Modification of Quad Cages

Issued by:

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

SOLICITATION NO. 19GE5023Q0100

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

September 08, 2023

Combined Synopsis and Solicitation Solicitation Number 19GE5023Q00100

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

Local Quad Non-Human Primate Cage Modifications for the department of Veterinary Medicine on behalf of US Army Medical Directorate of the Armed Forces Research Institute of Medical Sciences (USAMD-AFRIMS) in Bangkok, Thailand. 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 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 19GE5023Q0100 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 2023-04, 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 best value to the Government. The total price shall include all labor, manpower, equipment, materials, overhead, profit, insurance, warranty, certification, delivery and receiving, commissioning transportation, customs clearance, travel, travel documentation and visa application, if applicable, to provide with non-human primate quad cage modification onsite, and all other expenses necessary to perform required services. 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 mailto:PfannkucheS@state.gov 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.

Value Added Tax (VAT):

Value Added Tax (VAT) is not applicable to this contract and shall not be included in the CLIN rates or Invoices because the U.S. Embassy has a tax exemption certificate from the host government.

Defense Base Act (DBA) insurance:

(a) The Department of Labor has waived the DBA insurance for the countries in paragraph (b) of this subsection. United States citizens or residents and individuals hired in the United States, regardless of citizenship shall be required to obtain DBA insurance. Evidence of DBA insurance shall be submitted within 15 days of award. The DBA Insurance shall be obtained from any U.S. Department of Labor (DOL) authorized DBA insurance broker. A list of DOL-authorized insurance brokers is available at the following address: http://www.dol.gov/owcp/dlhwc/lscarrier.htm. DBA insurance cost will be evaluated as part of the total evaluated firm fixed price and included in the firm fixed price of the task order. The Contractor shall be reimbursed for the cost of DBA insurance only upon providing proof of payment.

(b) The DoL has waived DBA insurance for the following countries of performance under this contract:

https://www.dol.gov/agencies/owcp/dlhwc/dbawaivers/dbawaivers

(c) Thailand is not listed on the DOL Active DBA Waiver list and therefore DBA insurance for Host Country Nationals (HCNs), Third Country Nationals (TCNs) as well as for U.S. citizens performing under this contract is required.

(d) The Contractor will be reimbursed for DBA insurance only to the extent the contractor provides documentary proof that DBA insurance has been paid and only to the extent quoted in applicable CLIN.

Warranty:

The Contractor shall provide a warranty of one (1) year.

Delivery:

The Contractor shall pick up and return the cages within 6 months after award at:

USAMD-AFRIMS

Department of Veterinary Medicine Building 5, 75/65 Yothi road, Rajthevee, Bangkok 10400 https://www.dol.gov/agencies/owcp/dlhwc/dbawaivers/dbawaivers

Delivery shall be coordinated with the Point of Contact (POC) (to be advised upon award).

Services:

The Contractor shall begin service within 30 days after issuance of the Purchase Order. Service shall be completed within 6 months after award.

STATEMENT OF WORK:

Modification of ten (10) existing quad cage for non-human primates. The contractor shall pick up the existing quad cages from the vivarium located at AFRIMS in Bangkok, Thailand and modify them at the contractor’s premises. Once modification is completed according to the instructions described below, the contractor shall return the quad cage to AFRIMS.

Most of quad cages (about 40 quad racks) within facility have been modified to ensure that the nonhuman primate (NHP) cages sizes are appropriate with the large adult NHP both horizontal and vertical space according to the Guide for the Care and Use of Laboratory Animals. However, there are remaining quad racks that still are in original design and condition which have not been modified following the Guide yet. This effected on the cage rotation for sanitation program that DVM has maintained. Several models of the quad racks and those cages cannot be compatibly used for pair housing program. Current there are only limited number of cages rotation within facility for pair housing.

Objectives:

The objective of this “TURN-KEY” project is for the contractor to:

• Design and modify a quad cage in compliance with The Guide for the Care and Use of Laboratory Animals (https://grants.nih.gov/grants/olaw/Guide-for-the-Care-and-use-of-laboratory-animals.pdf), European Convention ETS 123 (https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documen tId=090000168007a67b) and specific requirements to promote enrichment program for a non-human primate. Ensuring a comprehensive completed turn-key project, that results in a fully safe, reliable, and operational system.

• Provide warranty of one (1) year.

• Up to10 quad cages are to be modified after the prototype is completed.

Specification:

The contractor shall provide quad non-human primate cage modification. This is expected to be a turn-key process that results in a fully safe, reliable, and functional system.

1. The contractor shall have experience in work of similar size and scope involving caging for nonhuman primates and the contractor should be able to provide recommendation for the better designs and function of the NHP cages following the guide.

2. Prior to modifying of the ten (10) quad cages, a prototype of the quad cage is required. The design should allow for minor changes for improving of cage utilities, enrichment program, cage safety and security, and appearance.

MODIFICATION OF QUAD CAGES:

3. All cage modification components shall be made of stainless steel grade ANSI 304 or better.

4. Welding joints should be strong, smooth, shine, monolithic and washable without sharp, holes, gaps, dirt, amongst others.

5. Sheets, rods, bars, and frames should be extruded without welding connection. All panels should have round corners. U-shape sheets/rods should be bent instead of welding where possible. The cage parts should not have any sharp/rugged edges or pieces that could harm animals or personnel who handle the cage.

A quad cage consists of four compartments, divided into two upper and two lower sections. The proposed modifications for each quad cage are as follows:

i. Revise the Quad cage's door panel as follows: (1) Introduce a new door and relocate the cage door from the side to the center. (2) Upgrade all sixteen lock latch systems with stronger materials, while returning the existing latch system for the future spare parts. and return the existing latch system. (3) Enhance stability by incorporating 304 stainless steel rods, with a diameter of SUS RB Ø 3/16", on both the left and right upper floor covers. These rods will span about 4 inches and be positioned 1/2 inch from the edges on both sides of the cover. (4) Replace the current hardware with new components: Substitute sixteen pairs of u hook eye bolts with a 2mm thickness for the front panel, and replace four pairs of u hook eye bolts with a 3mm thickness for the cage doors.

ii. Modify the design of the bottom floor from the current grille to stainless steel rectangular pipes, sized 13x26x1.5 mm. Revise the configuration of both upper and ground cage floors, transitioning from a wire mesh panel design to a stainless steel plate box design, measuring 730x840x90 mm. To form the top of the cage floor, incorporate a stainless steel plate of size SUS LG 1”x1/2x1.2 mm as the grille bar, accompanied by SUS LG 1”x1.2 mm as the frame.

Repurpose the previous mesh panel to serve as the base of the floor box. To ensure the floor box's structural integrity for accommodating the monkey's weight, install SUS SHT 2 mm of size 50x90 mm at eight locations along the height of the sides.

iii. Modify waste trays: Manufacture four (4) fresh cage pans for each rack employing SUS SHT 0.9 mm (2B) material. Ensure that the pan is inclined downward towards the back of the cage. The pan dimensions are 725x810 mm, and the drain gap measures 270 mm.

iv. Enhance the center panel by increase stainless steel shaft to 3/8”: Expand the partition size to

730x765x35 mm, creating a double partition (gab between partition is 35 mm). Install slide rails at the top, middle, and bottom between the double partitions. Integrate additional stainless steel rods (Ø1/8", 15x15mm) to form a finer sieve, safeguarding animals from bites by cage mates.

Add stainless steel rods (Ø1/4") around the partition frame. Establish a walk-through channel

(370x356 cm, 2.7 cm thick) in the upper left corner of the partition, covering one-quarter of the space.

v. Redesigned middle partition: solid; full channel, and half channel: Creates two sets of middle plates for each rack, totaling four pieces. These will include: Two solid plates, each measuring 720x356x2.7 mm. Two shorter solid plates, with dimensions 370x356x2.7 mm. For user convenience, install small round handles (size 100x20 mm) on the sides of each plate, using SUS RB Ø3/16" materials. This thoughtful addition aims to enhance usability and accessibility.

vi. Enhance the roof panel by implementing sliding doors and a roof extender system: Introduce a roof extender system that includes two connections for the roof doors. The roof extenders, measuring 66x74x32 cm, will consist of SUS RB Ø3/16" (1" x 3") and ½" x 3" materials for the back, inside, and top of the extender. SUS RB Ø1/4" will be utilized for the extender's frame. Design the sliding rail using SUS RB Ø3/8", enabling smooth open and close movements even when the roof extenders are in place or when monkeys are housed within the cage. Add two sliding roof doors in the middle left and middle right sections of the compartment roof. These doors will slide open like front doors and will be made using SUS RB Ø5/16" (1" x 6" pattern) materials. This design enhancement aims to provide easy access and functionality.

Additional requirements:

• Most of the work will be performed off site, except for circumstances which require the work to be performed on site. There is discipline for the contract to follow. The contracting Officer’s Representative (COR), with the approval of the Contracting Officer, may require the contractor to remove from the job site any employee working under this contract for reasons of misconduct, security violation, revocation/denial of requisite security clearance, or found or suspected to be under the influence of alcohol, drugs, or other incapacitating agents.

Contractor personnel shall be subject to dismissal from the premises upon determination by the COR and the Contracting Officer that such removal is in the best interests of the Government. Contractor personnel shall maintain a well-groomed appearance at all times to facilitate credibility with the staff and command.

• Contractor and subcontractor personnel shall not use, directly or indirectly, inside information to further a private gain for themselves or others if that information is not generally available to the public and was obtained by reason of their contract positions. Any inquiries from the news media concerning events and occurrences on AFRIMS shall be referred to the AFRIMS Vet- Med Director and Project Manager as soon as possible.

Coordination:

The Contractor shall coordinate the modification service with the following Point of Contact (POC): (to be advised on award).

Condition of Material:

Only new material is authorized; no grey market or refurbished products. All items must be never used, and not altered in any way. All items must be of high quality.

List of Attachments:

Attachment 1 – Representation and Certifications (incorporated in this document)

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)

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 52.228-3 Workers’ Compensation Insurance (Defense Base Act) (Jul 2014)

FAR 52.228-4 Workers’ Compensation and War-Hazard Insurance Overseas (Apr 1984)

FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

DOSAR 652.237-72 Observance of Legal Holidays and Administrative Leave (Feb 2015)

DOSAR 652.232-70 Payment Schedule and Invoice Submission (Fixed-Price) (Aug https://www.acquisition.gov/browse/index/far

1999)

DOSAR 652.242-73 Authorization and Performance (Aug 1999)

DOSAR 652.243-70 Notices (Aug 1999)

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 (Jun 2023) - the applicable clauses under paragraph (b) are: 52.204-27; 52.222-50; 52.223-18; 52.225-13; 52.232-33; [U.S Based Company: 52.222- 21; 52.222-26; 52.222-50].

(End of Clause)

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network).

Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

https://www.acquisition.gov/far/4.2104#FAR_4_2104 https://www.acquisition.gov/far/4.2104#FAR_4_2104 https://dibnet.dod.mil/ https://dibnet.dod.mil/

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number;

the order number(s), if applicable; supplier name; supplier unique entity identifier (if known);

supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause:

any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(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 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:

(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 the following pricing table:

CURRENCY: _____________________

CLIN Description Unit Quantity Unit Price

Total Price

0001 Modification of Quad Cages

Service 10

0002 Defense Base Act (DBA) insurance

Lot 1

TOTAL CLINs 0001-0002 http://ice.cgfs.state.sbu/

2. COMPLETED ATTACHMENT 1 – REPRESENTATIONS AND CERTIFICATIONS

3. Provide evidence of SAM registration as required in FAR 52.204-13. The SAM status must be

“active”.

VOLUME II:

1. Recruitment Plan if Contractor will be using Third Country Nationals (TCNs) for performance under the ensuring contract.

2. Housing Plan if Contractor will be using TCNs for performance under the ensuring contract and will provide accommodation for the TCNs.

SUBMISSION OF OFFERS:

The complete offer submission shall include:

(1) Volume I

(2) Attachment 1 – Representation and Certifications

(3) Volume II

Deadline for Submission of Questions:

Interested parties may submit any questions concerning the solicitation as soon as possible but not later than 1200 hrs Central European Summer Time (CEST) on Friday, September 15, 2023 via email to Sarah Pfannkuche at PfannkucheS@state.gov and FrankfurtRPSO@state.gov. The email subject line must read “Solicitation 19GE5023Q0100”.

Late questions may not be considered.

Offer due date:

Offers shall be submitted as soon as possible but not later than 1200 hrs Central European Summer Time (CEST) on Friday, September 22, 2023 via email to Sarah Pfannkuche at PfannkucheS@state.gov and FrankfurtRPSO@state.gov. The email subject line must read “Solicitation 19GE5023Q0100”. The email size shall not exceed 45mb.

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

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. DOSAR 652.228-70 Defense Base Act – Covered Contractor Employees (Feb 2015)

4. Contractor Recruitment of Third Country Nationals (TCNs)

5. 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.

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

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

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

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

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(1) Are conducted under contract directly and exclusively with the regional government 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 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 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.

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

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding

$750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2);

and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38

U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

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

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

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

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

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

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

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

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

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

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]

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

(3) Service-disabled veteran-owned small business concern. [ Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that—

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

(ii)It □ is, □ is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]

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

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

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

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Representations required to implement provisions of Executive Order11246-

(1) Previous contracts and compliance. The offeror represents that-

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the

Equal Opportunity clause of this solicitation; and

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

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

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

(ii) It □ has not previously had contracts subject to the written 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 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 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…