Attachment IV Solicitation Provisions_RFQ.pdf

ATTACHMENT IV

SOLICITATION PROVISIONS

70Z02324Q92200018

FEDERAL ACQUISITION REGULATION (FAR) PROVISIONS

The following FAR provisions are hereby incorporated in this Solicitation by reference with addenda included as necessary:

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

https://www.acquisition.gov

(End of provision)

The following FAR provisions are hereby incorporated in this solicitation by reference:

FAR

Provision # FAR Provision Title

FAR

Provision

Date

52.204-7 System for Award Management OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.212-1 Instructions to Offerors- Commercial Items (Addendum below) SEP 2023

The provision at 52.212-1, Instructions to Offerors—Commercial Products and

Commercial Services is supplemented as follows:

FAR 52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (SEP 2023)

ADDENDUM

https://www.acquisition.gov/ https://www.acquisition.gov/ https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179124

Paragraph (b)(2), Offeror must submit an electronic version of their quote in word or Adobe portable document format (.pdf) via email to the Contract Specialist, Dennis S. Kokoskie at

Dennis.S.Kokoskie@uscg.mil with a copy to the Contracting Officer, Micha Wisniewski at

Micha.A.Wisniewski@uscg.mil, by date and time listed on the SAM Contract Opportunity notice.

Paragraph (b)(3), The following information must be provided on the first (1st) page of the quote or a coversheet:

• RFQ Number 70Z02324Q92200018

• Vendor Name

• Vendor Address, and shipping location if different then Vendor location

• Vendor Primary Point of Contact with Email Address and Telephone Number

• Vendor UEI Number

Paragraph (b)(4), The following terms and definitions are applicable to this provision, Terms and Definitions:

“Original Equipment Manufacturer Part Number (OEM PN)” means a unique part number that the original equipment manufacturer assigns to a specific component with specifications.

“New” means composed of previously unused components, whether manufactured from virgin material, recovered material in the form of raw material, or materials and by-products generated from, and reused within, an original manufacturing process; provided that the supplies meet

Contract requirements, (e.g. performance, reliability, and life expectancy).

“Supersede” means to take the place of, as by reason of superior worth or right. Original manufacturer often supersedes their part numbers due to administrative reasons, engineering changes, part improvement, substitutions, obsolescence, or manufacturing enhancements which do not affect the items Form-Fit-Function. Many manufactures will have multiple changes on a single part number which do not affect the items Form-Fit-Function.

“Form, Fit, and Function”

• Form. The form of a commodity is its configuration (including the geometrically measured configuration), material, and material properties that uniquely characterize it.

For software, the form means the design, logic flow, and algorithms.

• Fit. The fit of a commodity is its ability to physically interface or connect with or become an integral part of another commodity. For software, the fit is defined by its ability to interface or connect with a defense article.

• Function. The function of a commodity is the action or actions it is designed to perform.

For software, the function means the action or actions the software performs directly related to a defense article or as a standalone application.

Offeror must submit the following information for evaluation and to be considered for award:

mailto:Dennis.S.Kokoskie@uscg.mil mailto:Micha.A.Wisniewski@uscg.mil

The Offeror’s quote submission serves as confirmation they are capable and willing to perform all the requirements in Attachment I Statement of Work (SOW) and resulting Contract. If applicable, the

Contractor must submit with their quote any exceptions to the terms and conditions for the

Government’s review and acceptance.

1. Technical Capability: The Offeror must provide their quote for the purchase of the items listed in Attachment II Price Schedule. The Offeror must provide the following information for each item, as required by Attachment II:

• Unit Price

• Lead Times for each item, in calendar days, after receipt of award.

• Proposed Equivalent Part Number and Brand if different than Column B, C and D and include the reason, using one of the below listed“Acceptable Part Number

Exceptions”.

o If the Offeror is proposing the exact item per columns B, C, and D, the

Offeror must only provide the unit price and lead time (in calendar days, after receipt of award).

o Submission of only a unit price and lead time for an item is confirmation by the Offeror that they will be able to procure and deliver that exact part number if they receive award before the end of the Government’s current fiscal year.

The items proposed must be new and contain the identical part number listed on Attachment II, unless an exception is authorized by the Government. The U.S. Government (USG) has identified the following Acceptable Part Number Exceptions.

a. Original Equipment Manufacturers’ Part Number Supersession.

A superseded part number is a part number that has been replaced by a new part number by the OEM, that qualifies as an exact Form-Fit-Function product. The superseded part number cited in the item description has been superseded by the OEM. The USG has attempted to recognize these changes, but often part numbers change so frequently making it challenging to catch every supersession. OEM part number supersessions are allowable pending they do not impact the Form-Fit-Function of the intended part and providing the vendor can provide supporting documentation, upon request, as proof of the supersession.

b. Supplier or Distributor Part Number.

Supplier or Distributor Part Number is defined as a specific supplier (usually a distributor or retailer) part number assigned to a single OEM Part Number. Supplier Part Numbers are an acceptable exception pending the part is new and the vendor can provide supporting documentation, with their quote, of traceability back to the OEM Part

Number.

c. Form-Fit-Function Replacement Items.

Product's design, performance, and compliance to a specification. If a proposed part, other than those specifically referenced in Attachment II, do not impact the Form-Fit-

Function of the intended item, as determined by the Government. The Form-Fit-Function part numbers are an acceptable exception pending the part is new and the vendor can provide supporting documentation, with their quote, of the salient characteristics of the part and why it is a Form-Fit-Function replacement. The Government reserves the right to make the final acceptability determination on all Form-Fit-Function parts proposed.

2. Delivery Schedule: The Offeror must provide a Delivery Schedule in accordance with

Attachment I Statement of Work § 3.3. The Delivery Schedule must include the number of calendar days, after receipt of award, that all items will be available for inspection and acceptance by the Government. In addition, the Delivery Schedule must include the number of calendar days after acceptance that the items will be prepared for DTS pickup and shipping.

Items not in production by the OEM and that are not currently available from the OEM, or a distributor or reseller MUST be identified by the Offeror. The Government reserves the right to remove any part(s) from the CLIN list, if none of the offerors are able to provide the part or if the

Government verifies with the applicable OEM that a part is no longer available, or superseded, or does not have a Form-Fit-Function replacement. No alternate, refurbished, reconditioned, aftermarket or used parts will be acceptable. Parts not in production by the OEM and that are not currently available shall be identified by the Offeror.

Paragraph (b)(6), Offeror must submit the following as their price quote:

The Offeror must provide a Firm Fixed-Price (FFP) quote for the work required in Attachment I

Statement of Work by filling out Attachment II Price Schedule. For Price only, the Offeror is only required to insert a Unit Price in column (H). The Extended Price column (I) will auto-populate.

If the Offeror is unable to source an item, the line item must clearly be marked “NO BID ITEM” on

Attachment II and documented on the first page of the quote. Failure to do so will render the quote non-compliant.

Paragraph (b)(8), The Offeror must complete the representations and certifications at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items. The Offeror must 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 must complete only paragraphs (c) through (v)) of this provision.

In addition, the Offeror must complete and submit the self-certifications found in the following solicitation provisions in Attachment IV:

• FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and

Disclosures (below)

• FAR 52.209-7 Information Regarding Responsibility Matters (below)

• FAR 52.229-11 Tax on Certain Foreign Procurements (below)

Paragraph (b)(9), The Offeror must provide acknowledgement of any solicitation amendment(s) by submitting signed copies of the SF-30(s) or submit an acknowledgment statement with your quote.

https://www.sam.gov/

Paragraph (b)(10), the Offeror need not submit past performance information. See the Evaluation

Provision below for a description of how the Government will evaluate past performance.

(End of Addendum)

FAR PROVISIONS IN FULL TEXT

The following FAR provisions are hereby incorporated in this Solicitation in full text:

FAR 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act

Orders—Prohibition.

(c) Procedures.

(1) The Offeror shall search for the phrase “FASCSA order” in the System for Award

Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.sam.gov/ https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/4.2303#FAR_4_2303

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative

Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract

Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and

Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award

Management, which can be accessed via https://www.sam.gov (see 52.204-7).

FAR 52.212-2, Evaluation—Commercial Products and Commercial Services is supplemented as follows:

FAR 52.212-2 EVALUATION– COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

Paragraph (a) is deleted in its entirety and replaced with the following:

(a) The Government intends to award one Firm Fixed-Price Contract to the responsible Offeror, whose quote, in conforming to the Request for Quote (RFQ), provides the overall best value to the

Government considering the technical evaluation factors, past performance and price. Best value is https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179178 defined, in FAR 2.1, as the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the requirement.

The Government will determine best value by performing a comparative evaluation (comparing offers to each other) to select the Offeror that is best suited and provides the most advantageous offer, considering the evaluation factors in this solicitation.

Quotes will be evaluated based on the following factors in descending order of importance: 1) Technical

Capability, 2) Delivery Schedule, 3) Past Performance, and 4) Price. All non-price factors when combined are significantly more important than price. However, as technical, delivery schedule, and past performance evaluations become more equal, price can gain importance in determining overall best value. The evaluation process will include the following:

Compliance Review The Government will perform an initial review of each offer received to determine if the quote is complete and complies with the Instructions to Offerors. The Government may reject any quote that it determines to be non-compliant with the solicitation requirements. This includes submission of the self-certifications required by the supplement to FAR 52.212-1 (Instructions to Offerors) above.

During the compliance review, each offer received will be evaluated to determine:

1. If the Offeror can provide all items listed in Attachment II,

2. If a NO BID for a line item due to obsolescence and a Form-Fit-Function item is not available,

3. If each part number being proposed is acceptable.

Comparative Evaluation A comparative evaluation is defined as comparing each offer directly to each other to determine which offer provides the best value to the Government utilizing technical capability, delivery schedule, past performance, and price as described below. The Government will perform a comparative evaluation for each non-price evaluation factor. Then the Government will take the results of the individual non-price factor evaluations, combine such results (using the relative importance of each non-price factor), and then determine the overall best-suited offeror using the non-price factors. Once the Government determines the best-suited offeror using the non-price factors, the Government will then evaluate price. After the Government calculates the total evaluated price (TEP), the Government will determine which offeror is the most advantageous and represents the best value to the Government, TEP and other factors considered, and make the contract award.

Exchanges with Apparent Successful Offeror

There will be no communications with Offerors after receipt of offers and prior to selection of the apparent successful Offeror. Once the Government determines the apparent successful Offeror, the

Government reserves the right to communicate only with that Offeror to address any remaining issues (which may include technical and price) and if necessary, finalize the contract. If the

Government is unable to successfully address any remaining issues with the apparent successful

Offeror, the Government reserves the right to communicate with the next best-suited Offeror based on the original evaluation and address any remaining issues to successfully award the contract.

Technical Capability Technical capability will be evaluated based on direct comparisons to other offers to discern which

Offeror is the most advantageous and provides the greatest overall benefit to the Government.

Technical Capability factor will be evaluated as follows for each sub-factor and are in order of importance:

1. The Government will evaluate Attachment II of each Offeror. The evaluation will identify which proposed list is the most advantageous to the Government and the benefit associated with those advantages.

2. The Government will evaluate the Delivery Schedule to determine the number of calendar days, after receipt of award, that the spare parts will be available for inspection and acceptance by the Government. A Delivery Schedule this is achievable and allow for faster delivery, will be considered more advantageous to the Government. The Delivery

Schedule will be incorporated in the awarded contract.

Past Performance A comparative evaluation of the past performance findings will be completed to identify which

Offeror is the most advantageous for the past performance evaluation factor.

Past Performance will be evaluated by reviewing recent and relevant performance evaluations in the

Contractor Performance Assessment Reporting System (CPARS) (https://cpars.gov) for each

Offeror. Recent is defined as within three (3) years from the closing date of this solicitation.

Relevant is defined as contracts of similar size, scope, and complexity.

Once all CPARS evaluations that meet the definition of recent and relevant are identified for each

Offeror, the ratings and narratives supporting those ratings will be reviewed. Ratings above

Satisfactory will be evaluated more advantageously. Ratings below Satisfactory will be evaluated less advantageously. Ratings of Satisfactory and lack of past performance ratings will be evaluated neither favorably nor unfavorably.

The Government reserves the right to utilize any source of information reasonably available to it to assess past performance. This includes, for example, other public databases such as Federal

Awardee Performance and Integrity Information System (FAPIIS) (https://cpars.gov) and USCG experience with Offerors performing under recent and relevant contracts for the USCG.

A comparative evaluation of the past performance findings will be completed to identify which

Offeror is the most advantageous for the past performance evaluation factor.

Price The Government will evaluate each offeror’s Total Evaluated Price (TEP) by using the sum of all

CLIN extended prices. The Government may use various price analysis techniques and procedures to make a price reasonableness determination.

The information requested in this solicitation is required to enable the Government to perform a price analysis to determine price reasonableness. The Government will evaluate each Offeror’s

TEP by using the sum of all CLIN’s extended prices

(b) Options. This paragraph is deleted in its entirety.

(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, must 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 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

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;

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the

Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-

174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

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

Sensitive technology—

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the

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

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern—

(1)

(i) Not less than 51 percent of which is owned and controlled 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 https://www.acquisition.gov/far/part-52#FAR_52_204_25

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

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB

Program means an SDVOSB concern that—

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

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 with 13 CFR 124.1001, 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 the threshold at 13 CFR 124.104(c)(2) 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— https://www.acquisition.gov/far/part-19#FAR_Subpart_19_14 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 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

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

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

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

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

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

(b)

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

SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at

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

Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

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

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

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

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

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

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

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

CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.] 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) SDVOSB 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 that it □ is, □ is not an

SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it □ is, □ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(5) 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 124.1001.

(6) 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.

(7) 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: ____________.]

(8) 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: ____________.]

Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

(9) 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.

(10) 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:____________

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

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic

Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

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

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

(d) Representations required to implement provisions of Executive Order11246-https://www.ecfr.gov/current/title-13/section-124.1001 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)

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

(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:

[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) http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_225_1 https://www.acquisition.gov/far/part-25#FAR_Part_25

(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 "Bahraini, 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 Bahraini, 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 Bahraini, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

[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 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:

[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: