2 Combined Synopsis Attachment NWWN93122300112.pdf

NWWN93122300112SML

COMBINED SYNOPSIS/SOLICITATION

Non-personal Landscape Maintenance Service for Greenville Weather Forecast Office (WFO)

(I) 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 and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number NWWN93122300112SML.

(III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-01 (DEC 2022) (Deviation 2023-03) (DEC 2022).

(IV) This solicitation is being issued as a total Small Business Set-Aside. The associated NAICS code is 561730. The small business size standard is $9.5 million.

(V) This combined solicitation/synopsis is for purchase of the following commercial services:

CLIN 0001 – Base Year Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for landscape maintenance services at the National Weather Service (NWS) Greenville- Spartanburg Weather Forecast Office (WFO) in Greer, SC, in accordance with the Statement of Work.

Period of Performance 03/15/2023 through 03/14/2024.

CLIN 1001 – Option Year 1 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for landscape maintenance services at the National Weather Service (NWS) Greenville- Spartanburg Weather Forecast Office (WFO) in Greer, SC, in accordance with the Statement of Work.

Period of Performance 03/15/2024 through 03/14/2025.

CLIN 2001 – Option Year 2 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for landscape maintenance services at the National Weather Service (NWS) Greenville- Spartanburg Weather Forecast Office (WFO) in Greer, SC, in accordance with the Statement of Work.

Period of Performance 03/15/2025 through 03/14/2026.

CLIN 3001 – Option Year 3 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for landscape maintenance services at the National Weather Service (NWS) Greenville- Spartanburg Weather Forecast Office (WFO) in Greer, SC, in accordance with the Statement of Work.

Period of Performance 03/15/2026 through 03/14/2027.

CLIN 4001 – Option Year 4 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for landscape maintenance services at the National Weather Service (NWS) Greenville- Spartanburg Weather Forecast Office (WFO) in Greer, SC, in accordance with the Statement of Work.

Period of Performance 03/15/2027 through 03/14/2028.

(VI) Description of requirements is as follows:

See attached Statement of Work which applies to Base Year and all Option Years 1 – 4, and Department of Labor Wage Rates: WD 2015-4433, Revision No. 23, dated 12/27/2022, which can be found on:

https://sam.gov/content/wage-determinations

INVOICES TO BE BILLED MONTHLY IN ARREARS. PROVIDE MONTHLY AND ANNUAL

PRICING FOR EACH BASE AND OPTION YEAR. QUOTE PRICING MAY BE PROVIDED ON

ATTACHED SF18 FORM OR ON COMPANY LETTERHEAD.

It is the responsibility of the Contractor to ensure pricing is accurate for monthly, annual, and aggregate totals.

STATEMENT OF WORK

National Oceanic and Atmospheric Administration (NOAA) National Weather Service (NWS)

Greenville-Spartanburg Weather Forecast Office (WFO)

NWWN9312-23-00112

PURPOSE:

The NOAA/NWS Greenville-Spartanburg WFO located in Greer, SC is in need of non-personal services for landscape maintenance for one base year with four option years.

SCOPE OF WORK:

A. Place of performance shall be as follows: National Weather Service, 1549 GSP Drive, Greer, SC, 29651. The project site consists of approximately 2 acres to include buildings, walks and paved surfaces.

B. All work performed under this contract is required to meet the quality and performance standards as identified. The Contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and services necessary to perform Grounds Maintenance. Work shall be in a manner that shall maintain healthy grass, shrubs, and plants and present a neat and professional appearance.

C. It is the responsibility of the Contractor to comply with all applicable state and federal laws governing the health and safety of its employees, including all regulations promulgated under the Occupational Safety and Health Act (OSHA). Such compliance shall include, but not be limited to, ensuring that all employees are properly trained for the work to be performed and have been supplied with all necessary protective and safety equipment. The Government at its discretion may request written safety plans or guidelines for its records.

D. If services cannot be performed due to weather events such as rain, thunderstorm, or snow, the Contractor shall perform any and all scheduled services the next duty day with no degradation to existing scheduled services.

SUPPLIES, MATERIALS, EQUIPMENT, AND UTILITIES:

Government Furnished:

A. Water and Electrical power shall be provided on grounds for the Contractor to operate such equipment, as necessary, in the performance of this contract.

https://sam.gov/content/wage-determinations

Contractor Furnished:

A. The Contractor shall furnish all supplies, materials, and employee training necessary to achieve the quality performance standards of the work in this contract, unless otherwise specified herein.

a. Training shall include all applicable OSHA and other related standards. The Contractor shall submit all Material Safety Data Sheets (MSDS) for any materials used under this contract containing “dangerous” or “warning” labels to the Government Contact Point (GCP) within 10 days after contract award date.

b. Furnish employees with appropriate Personal Protection Equipment to meet OSHA standard 1910.132(a) which states: Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact.

B. The Contractor shall furnish all equipment necessary to accomplish the work under this contract.

All equipment must meet all applicable OSHA standards. Contractor shall not use any unsafe equipment or any equipment in need of repair.

CONTRACTOR PERSONNEL:

A. Within five days of the contract start date, the Contractor shall submit, in writing, the name of the Site Manager and an alternate to the GCP. The Contractor shall supply telephone, cell phone, and/or pager numbers to the GCP for use in contacting the Site Manager. The Site Manager shall conduct overall management coordination and shall be the central point of contact with the Government for performance of all work under this contract. The Site Manager shall be authorized to receive any notices of deficiency in contract performance. The notices may include, but not be limited to, the following: non-performance of work, deficiencies in work performed and notices of proposed payment deductions due to the above. This may be in the form of written and/or verbal communications. The Site Manager shall be available weekdays, between the hours of 8:00 a.m. and 3:00 p.m., within 30 minutes to meet at the facility to discuss problem areas.

B. All personnel employed by the Contractor shall be experienced in the type of work involved and familiar with the specifications of this contract.

C. The Contractor is required to provide necessary and on-going tenant relations or customer service training for their employees.

D. Contractor personnel shall conduct all operations in such a manner as to minimize any inconvenience in the use of the facilities to the occupants.

E. Contractor personnel shall wear all appropriate Personal Protection Equipment as required by OSHA standards.

SCHEDULING WORK AND REPORTING REQUIREMENTS:

Within five work days of the contract starting date, and annually thereafter for renewal periods, the Contractor shall submit to the GCP schedules and plans to accomplish required services throughout the year. If changes need to be made to reduce conflicts with Government operations, special events, or other occurrences, the Contractor shall meet with the GCP and revise the schedule as necessary. The GCP can request changes to the monthly work schedule so spacing of services is distributed to meet the needs of the Government. The Contractor shall not deviate from this schedule without prior approval from the

GCP.

HOURS OF OPERATION:

Work shall be completed Monday-Friday between 8:00am and 4:00pm local time.

Contractor agrees to observe all Federal Holidays, and any other day off work designated by Federal Statute, Executive Order, or Presidential Proclamation.

New Year’s Day Birthday of Martin Luther King, Jr.

Washington’s Birthday Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

If a holiday falls on a Saturday, for most Federal employees, the preceding Friday will be treated as a holiday for pay and leave purposes. (See 5 U.S.C. 6103(b).) If a holiday falls on a Sunday, for most Federal employees, the following Monday will be treated as a holiday for pay and leave purposes. (See Section 3(a) of Executive Order 11582, February 11, 1971.) See also our Federal Holidays – "In Lieu Of" Determination Fact Sheet at https://www.opm.gov/policy-data-oversight/pay-leave/work-schedules/fact-sheets/Federal-Holidays-In-Lieu-Of-Determination.

PERFORMANCE STANDARDS AND GUIDELINE REQUIREMENTS

NOTE: All services provided under this contract are required to meet the quality and performance standards described herein.

A. The Contractor shall provide all labor, equipment, materials, supplies, and supervision to perform grounds maintenance and landscape services as identified in the Statement of Work.

a. The following guidelines describe what is considered to be the normal industry quality and performance standards for intended services under this type of contract.

b. The Contractor, through innovation, technology or other means, shall perform the required services in order to meet the quality and performance standards.

B. The following guidelines are for reference only and final results shall be the determining factor for the success or failure of this contract. Performance shall be based on the Contractor’s effort in meeting the performance and quality standards, not the frequency or method of performance.

a. Mowing and Trimming Operations. The Contractor shall be responsible for monitoring the growth of the grass and scheduling cutting/mowing operations as required. The Contractor shall prevent scalping, uneven mowing, rutting by equipment, damage to trees and shrubs during contractor operations. The Contractor shall replace shrubs and tress damaged during mowing operations. Precautions shall include removal or repair of equipment causing unnecessary damage or procedures causing unsatisfactory mowing.

https://www.opm.gov/policy-data-oversight/pay-leave/work-schedules/fact-sheets/Federal-Holidays-In-Lieu-Of-Determination https://www.opm.gov/policy-data-oversight/pay-leave/work-schedules/fact-sheets/Federal-Holidays-In-Lieu-Of-Determination

The Government is not responsible for damage to contractor’s equipment due to trash, debris, or uneven terrain. Contractor shall maintain all open drainage systems; open culverts under driveways and roads free of debris, trash, limbs, leaves and grass clippings. Grass shall be cut from April through October and maintained between 2” and 2 ½” height. The frequency of mowing may vary depending on weather conditions. Grass and weeds shall be trimmed around trees, shrubs, buildings, fences, poles, posts, fire hydrants, parking lot bumper blocks and other fixed obstacles. Trimming height shall match surrounding area grass height. Grass clippings shall be removed or mulched to provide a uniform appearance after mowing. All improved grounds shall look well manicured at all times. All areas shall be trimmed concurrent with mowing. Damage to trees and shrubs from trimming, caused by contractor shall be repaired by the Contractor at no additional cost to the Government. If a plant should die or become unhealthy due to damage caused by the Contractor, the Contractor shall be responsible for replacing the damaged plant or tree with a plant or tree of the same species, and size. Plant or tree replacement or repair shall occur within 15 days of noticed damage. It is the Contractor’s responsibility to ensure their trimming or mowing services does not damage trees. Sod shall be completely removed from around base of all trees in lawn area and 24 inches away from edge of trunk, to form an even circle around the tree. If grass seeding is needed to repair damaged areas, use a compatible grass seed mixture.

b. Fertilize Grounds. Fertilize all grass areas according to the following schedule:

September16-04-08 at 6.5 lbs per 1,000 sq ft., November 2-3 lbs “N” per 1,000 sq ft., January 1 lb “N” per sq ft., February 16-04-08 at 6.5 lbs per 1,000 sq ft., March and November –Fertilize trees and shrubs with 16-4-8, 50% slow release fertilizer, spray trees and shrubs for insects and diseases as needed.

c. Over Seed. In the spring of the year, the Contractor shall furnish and spread grass seed over the entire lawn. Seed shall be a mix that does well in South Carolina’s climate and is weed free at a minimum rate of 2 lbs per 1,000 sq ft.

d. Edging. Grass shall be cut back from all edges 0.5” to 1.5” and not cut deeper than 1.5” to 2”. Edging shall include removal of vegetation from cracks, and expansion joints in sidewalks, driveways, stone landscaping, and curbs. Grass shall not extend over the edge of parking lots, concrete streets, pads, sidewalks, driveways, paved areas or curbs in all areas. During the first year of this contract edging shall be established around evergreen trees where the grass intersects the mulch bed. During the option years of this contract this edging shall be maintained.

e. Weed Control. Lawns shall be maintained to show continual progress in removal of annual and perennial weeds, including all clover and coarse grass species. Parking lots, plant beds, walkways, stone landscaping, and patio area shall be kept free of weeds, grasses, leaves and debris. Planting beds shall be kept free of weeds, grasses, leaves and debris. Sprays specific for problem vegetation are permitted.

f. Soil Testing and Lime Application. The contractor shall furnish and apply pelletized lime once in the fall at a minimum rate of 40 lbs per 1,000 sq ft.

g. Tree Pruning/Shrub Trimming. Remove dead, damaged, or diseased wood from all trees (within 6 feet from the ground). This is a continuous requirement. Remove dead, damaged, or diseased wood from all shrubs. Shrubs shall be maintained to ensure unobstructed entrance to doorways and along sidewalks. Trimming shall be performed to ensure uniform height, width and overall aesthetics.

h. Bark Mulching. During the month of May the Contractor shall provide and place hardwood bark mulch (black or brown) around evergreen trees and plant beds. Quantities supplied must be sufficient to maintain planting bed areas with a minimum mulch depth of four (4) inches, and tree mounds with a minimum depth of six (6) inches. A sample of mulch shall be submitted to the P/OC prior to application.

i. Cleanup. All grass clippings, weeds, and pruning shall be removed from the project premises as necessary. Walks and driveways shall be kept free of equipment and debris.

Exterior walls of building shall be kept free of soil. When on the job site police entire grounds to remove all trash, debris and leaves. This shall include the vehicle parking lots, walkways and lawn areas. Leaves will be collected and removed from the customer’s property every fourteen (14) days during the autumn and winter until trees have dropped all foliage. Leaves that are removed will be disposed of by the contractor.

j. Aeration and Dethatching. During spring and again in late summer/early fall, the entire lawn area shall be aerated using a powered aerator set to remove cores cleanly without tearing or otherwise damaging the turf. Coring times shall be ½ inch in diameter, set on no more than 6 inch centers, and shall remove cores of at least 2 inches in depth. In the spring only, following aeration, the entire lawn area shall be dethatched using a powered vertical mower. Thatch shall be removed to within ¼ inch of ground surface. Contractor shall remove and dispose of all debris at an approved public or commercial dumpsite.

k. Final Work. During the last two weeks of the contract, the Contractor shall leave all tree mounds and rock beds in a weed free condition. Grass shall be mowed, weather conditions permitting, regardless of height.

l. Additional Work Outside the Statement of Work. Additional work not covered in specifications on an “as needed” and “requested” basis. Additional work shall be approved by the Contracting Officer prior to performance. With an approved modification to the purchase order, the contractor shall be compensated for the additional work at an hourly rate, to be included in the contract, plus materials, if applicable.

Materials shall be itemized on the invoice and not exceed published price listing.

m. Terms of the SOW.

1. Vendor shall bill on a monthly basis in arrears for the service provided.

2. The contractor shall be responsible for the scheduling and coordination of work on the site.

3. If any of the services do not conform to the contract requirements, the government may require the contractor to perform the series again in conformity with the contract requirements, at no increase in contract amount. If the defects in services are not corrected by performance, the government may (1) require the contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price by 1/30th of the monthly price for each day the contractor fails to correct the deficiencies.

4. The government reserves the right to inspect for quality control.

5. The contractor and/or employee should sign in on the security log sheet when entering the property and should sign out when leaving the property.

6. Contractors shall provide documentation of training completion for all on-site employees to the Contracting Officer ten (10) business days prior to the start date in accordance with 1330-52.222-70, NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy. Training shall be retaken and documentation shall be provided to the Contracting Officer within ten (10) business days prior to the start of each exercised option year.

(VII) Date(s) and place(s) of delivery and acceptance:

Period of performance shall be:

Base Year for a twelve month period 03/15/2023 through 03/14/2024.

Option Period 1 for a twelve month period 03/15/2024 through 03/14/2025.

Option Period 2 for a twelve month period 03/15/2025 through 03/14/2026.

Option Period 3 for a twelve month period 03/15/2026 through 03/14/2027.

Option Period 4 for a twelve month period 03/15/2027 through 03/14/2028.

Place of Performance is 1549 GSP Drive, Greer, SC 29651

(VIII) FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021), applies to this acquisition.

NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive.

Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror.

1. Submit PDF or Microsoft Word format quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are required and can be sent to Stephanie.Long@noaa.gov.

2. Contractor shall have an active registration in the System for Award Management (SAM found at https://sam.gov/content/home) in order to provide a quote and be eligible for award. Must provide their UEID/CAGE CODE with their quote.

3. Provide all evaluation criteria in accordance with FAR 52.212-2 in this package. Vendors who do not provide all evaluation criteria will not be accepted.

4. Quote shall include at least two references for similar services including the phone number, full address, and e-mail address. References will be checked. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the Offeror, the agency’s knowledge of contractor performance, other government agencies or commercial entities, or past performance databases, and will be based on responsiveness, quality, and customer services.

(IX) FAR 52.212-2, EVALUATION- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021), applies to this acquisition. Offers will be evaluated based on price and the factors set forth in paragraph (a). The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Paragraph (a) is hereby completed as follows: Evaluation will be based on the following;

1. Past Performance. The offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction. The Government will https://sam.gov/content/home use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the Offeror, the agency’s knowledge of contractor performance, other government agencies or commercial entities, or past performance databases, and will be based on responsiveness, quality, and customer services. Quote shall include at least two references for similar services including the phone number, full address, and e-mail address.

2. Price The Government intends to award a low priced, technically acceptable, single firm fixed-price purchase order on an all or none basis with payment terms of Net 30.

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

"THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF QUOTES.

IT IS THE CONTRACTOR'S RESPONSIBILITY TO REQUEST AND RECEIVE A CONFIRMATION

OF THE QUOTE RECEIPT".

CAR 1352.215-72 INQUIRIES (APR 2010)

OFFERORS MUST SUBMIT ALL QUESTIONS CONCERNING THIS SOLICITATION IN WRITING

VIA EMAIL TO STEPHANIE.LONG@NOAA.GOV. QUESTIONS SHOULD BE RECEIVED NO

LATER THAN 12:00PM MST/MDT ON February 28, 2023. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation.

Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

(End of clause)

FAR 52.237-1 SITE VISIT (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

(End of provision)

A site visit is highly recommended but not required. Vendors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Please contact Betty Swanson at 864-406-6209 or Betty.Swanson@noaa.gov to set up a time to visit the site. All questions during the site visit should be submitted electronically to Stephanie.Long@noaa.gov.

(X) FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) (DEVIATION 2023-03) (DEC 2022),

applies to this acquisition.

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204- 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

Forced or indentured child labor means all work or service—

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

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

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

Sensitive technology—

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern— https://www.acquisition.gov/far/part-52#FAR_52_204_25

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

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

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

Small business concern—

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

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

SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

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

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $850,000 (DEVIATION 2023-03) 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 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim https://www.ecfr.gov/current/title-13/part-121 https://www.ecfr.gov/current/title-13/part-121

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

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

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

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

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

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

(b)

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

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

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

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

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

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

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

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

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-4#FAR_4_1201 https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(b)

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

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

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

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

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

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

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.)

By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants.

The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

(1)

(i) The Offeror certifies that each end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

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

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

(iv) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” “domestic end product,” "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

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

Line Item No. Country of Origin Exceeds 55% domestic content (yes/no)

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No. ___

[List as necessary]

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

(g)

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

(i)

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

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

(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

[List as necessary]

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

[List as necessary]

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

Line Item No. ___

[List as necessary]

(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…