Attachment I - Combined Synopsis-Solicitation HT940626QB003.pdf

Combined Synopsis/Solicitation

NOTICE: Solicitation number HT940626QB003 is issued as a request for quote (RFQ)

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with Revolutionary FAR Overhaul (RFO) FAR part 12. This announcement constitutes the only solicitation. Offers are being requested and a separate written solicitation will not be issued.

Solicitation number HT940626QB003 is issued as a request for quote for Instrument Management and Maintenance

Services.

The NAICS code is 811210 (Electronic and Precision Equipment Repair and Maintenance) with a small business size standard of $34.0M.

Product/Service Code: J065 - Maintenance, Repair, and Rebuilding of Equipment- Medical, Dental, and Veterinary

Equipment and Supplies.

Competition Approach: Other than Full and Open Competition, RFO FAR 6.103-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Description of Requirement: The Defense Health Agency (DHA) intends to procure a firm-fixed-price (FFP) contract for non-personal services to provide Instrument Management and Maintenance Services at U.S. Navy

Medicine Readiness and Training Command (USNMRTC) Guantanamo Bay, Cuba. The contractor shall provide all personnel, equipment, supplies, transportation, and supervision necessary to perform periodic preventive maintenance, corrective maintenance, and repairs for approximately 159 surgical, medical, and dental instrument trays. The contractor will also be responsible for replacing non-serviceable equipment and performing on-location repairs. The attached Performance Work Statement (PWS) provides full details.

Period of Performance (PoP): The Contractor shall begin services per the Performance Work Statement on 01

October 2026. The period of performance has base period of 01 October 2026 through 30 September 2027, including four optional periods/years.

Option Period 1: 01 October 2027 through 30 September 2028

Option Period 2: 01 October 2028 through 30 September 2029

Option Period 3: 01 October 2029 through 30 September 2030

Option Period 4: 01 October 2030 through 30 September 2031

Place of Performance: The work shall be performed at Hospital Point Road, U.S. Navy Medicine Readiness and

Training Command Guantanamo Bay, Cuba.

Incorporated provisions and clauses are listed under Clauses Incorporated by Reference and Clauses

Incorporated by Full Text.

System for Award Management (SAM): In accordance with RFO FAR 4.1102 Policy, Offerors shall be registered in the SAM database in order to be eligible for contract award. No award will be given to an Offeror not registered.

Registration can be accomplished at https://sam.gov/content/entity-registration.

Registration in this database shall remain active.

Annual Representations and Certifications: In accordance with RFO FAR 4.1201 Policy, Offerors shall complete electronic annual representations and certifications within SAM as part of required registration. Registration in this database shall remain active and can be accessed at https://sam.gov/content/entityregistration.

Award without Discussions: The Government intends to award without discussions but reserves the right to conduct discussions if the Contracting Officer determines them to be necessary. Offerors should submit their best terms in their initial proposal.

https://sam.gov/content/entity-registration

Payment: Payment for this action will be made by Electronic Funds Transfer (EFT) through the Defense Finance and

Accounting Services (DFAS) utilizing Wide Area Workflow (WAWF). See DFARS 252.232-7006, Wide Area

Workflow Payment Instructions, for more information.

Period for Acceptance of Quotations: The Offeror agrees to hold the prices in its offer firm for 45 calendar days from the date specified for receipt of offers.

Contract Financing: The Government intends to award a commercial Firm-Fixed-Price (FFP) contract for this requirement. Contract financing is not authorized for this acquisition.

Contact Information: A Contracting Officer’s Representative (COR) will be appointed at the time of award. The successful Offeror will be furnished the COR name and contact information at the time of contract award. Offerors shall clearly demonstrate their ability to meet the requirements and schedule as outlined in the associated solicitation and PWS.

Addendum to FAR 52.212-1, Instructions of Offerors

Submittal Instructions

The Offeror is required to submit an offer in accordance with these instructions, providing all required information in the specified format.

Offers shall be submitted electronically to the Contracting Officer, Lenore Paseda, lenore.y.paseda.civ@health.mil and the Contract Specialist, Brittany Belsches, brittany.n.belsches.civ@health.mil, no later than 12:00PM EST on

Friday, 11 September 2026. All correspondence shall reference the RFQ number HT940626QB003 in the subject line of the email and all enclosed documents. Any offer received after the due date and time will not be considered.

The Government will honor questions regarding this procurement. Should the Offeror choose to submit questions, they must be submitted by email to the Contracting Officer, Lenore Paseda, lenore.y.paseda.civ@health.mil and the

Contract Specialist, Brittany Belsches, brittany.n.belsches.civ@health.mil, no later than 12:00PM. EST on Friday, 04

September 2026. Any questions received after the deadline will be considered at the discretion of the Contracting

Officer.

Submission Requirements. Offer shall be submitted in four (4) separate factors as shown below.

Factor Factor Title Format Page Limitations

1 Business Summary PDF 1 Page

2 Technical Capability PDF 5 Pages

3 Past Performance PDF 3 Pages

4 Price

MS-Excel (Attachment III - Pricing

Sheet) Not Applicable

Format. All materials shall be in typeface Times New Roman 12 point (or Arial 12 point) and formatted to print on

8-1/2 x 11” white paper with one-inch margins all around. Tables and illustrations may use reduced font style but not less than 8-point. All material submitted may be single-spaced. Each page must provide identification of the submitting Offeror in the header or footer.

Materials Submitted. The Offeror is advised that all submissions and related material become the property of the government and will not be returned. The technical and price offers, if accepted by the government, will form binding parts of the order that result from this solicitation. Therefore, care must be taken to properly address the requirements set forth in this solicitation.

This Solicitation includes the following attachments:

Attachment I – Combined Synopsis-Solicitation HT940626QB003;

mailto:lenore.y.paseda.civ@health.mil mailto:lenore.y.paseda.civ@health.mil

Attachment II – Performance Work Statement;

Attachment III – Pricing Sheet; and

Attachment IV – Past Performance Questionnaire

Specific Instructions by Factor. Offerors shall provide each volume as explained below:

Factor 1 – Preparation of Business Summary

The Offeror’s business summary shall contain the following: the Offeror’s legal entity name and any “doing business as” alias, the Offeror’s full address, the proposed place of performance address (if different than Offeror’s address listed previously) (e.g. address of subcontractor/partnership entity), CAGE Code/Unique Entity ID of the

Offeror and any proposed subcontractor/partnership entity, and not less than two (2) points of contact (to include name, phone, and email address of each contact). The business summary shall include one of the following statements:

[Offeror Name] proposes fulfilling requirements WITHOUT the use of subcontractor/partnership.

OR

[Offeror Name] proposes fulfilling requirements WITH the use of subcontractor/partnership.

The Offeror’s business summary shall reference the RFQ number HT940626QB003 and include a statement summarizing the ability of the offeror to fulfill the needs of the requirement, along with the price total. The statement shall be signed by the representative managing the account.

Factor 2 – Preparation of Technical Capability Statement

The Offeror’s technical capability statement shall demonstrate the Offeror’s capability to provide qualified personnel, tools, supplies, transportation in order to perform preventive maintenance, corrective maintenance, replace non-serviceable or non-functional equipment, and perform on location repairs for required equipment as outlined in each paragraph of Attachment II – Performance Work Statement.

The Offeror’s technical and capability documentation may include a narrative, charts, graphs, tables, drawings, product / service literature, and demonstrated authority to provide the necessary items and perform the required services identified in the specification/performance work statement. The documentation shall clearly describe, in sufficient detail, the vendor's authority, proposed items, resources and methods to successfully fulfill the requirements including specifications, performance capability requirements, delivery schedules, warranties and all service requirements per the Request for Quote.

If utilizing a subcontractor/partnership to perform any part of the services under this requirement, the Offeror shall submit a Work Plan as part of the technical capability statement. The Work Plan shall outline the Offeror’s resources, equipment and staffing to be utilized in meeting the requirements of Attachment II – Performance Work Statement.

The Work Plan shall include a breakdown of the distribution of work, roles, and/or responsibilities between the

Offeror and any subcontractor/partnership entity. Identifying information (to include, but not limited to, CAGE

Code/Unique Entity ID, and address) of any subcontractor/partnership shall be included in the Work Plan. System for Award Management (SAM) Registration is required for subcontractor/partnership entities so that the Contracting

Officer may determine a prospective subcontractor’s responsibility in accordance with FAR 9.104-4(b).

The Offeror shall demonstrate a clear understanding of the requirements. All critical information supplied by the

Offeror from appendices shall be identified and summarized in the technical capability statement. Tables and pictures are NOT included in the page limitation.

Factor 3 – Past Performance

The Offeror shall describe its past performance within the past three (3) years that directly relates to the scope, magnitude, and complexity as described in this solicitation.

Offerors shall provide a maximum of three (3) relevant examples where the offer has provided recent and similar services for Instrument Management and Maintenance Services. and shall include phone numbers or email addresses for the point(s) of contact. Each example should not exceed to one (1) page in length. Each past performance example submitted shall include dates of performance, explanation of performance provided, and ratings from affected parties.

Offerors may utilize Attachment IV – Past Performance Questionnaire, Contractor Performance Assessment Reports

(CPARS) or other format, but the information shall include a minimum of one (1) valid and reachable point of contact for each past performance.

The three (3) maximum examples may be a combination of Offeror and subcontractor/partnership experience, if applicable.

If no past performance is available, the Offeror shall submit a statement stating none is available.

Factor 4 – Preparation of Price

Offerors shall use the price template provided as Attachment III- Pricing Sheet to prepare their price offers. The

Offeror may add rows, columns, or worksheets to accommodate the required pricing information. While there is no page limit for the Price submission, the Offeror shall provide the necessary detail and supporting information to address the solicitation requirements and to allow a complete analysis of each line-item price. All prices shall be

FOB Destination. Price shall remain valid for a period of 45 calendar days from the date offers are due.

Quote Expenses and Pre-Contract Costs

The RFQ solicitation does not commit the Government to pay any costs incurred in the preparation and submission of an offer or for any other costs incurred by any offeror submitting an offer in response to this solicitation. Offerors are cautioned against submitting conditional RFQ.

The Government will not make assumptions concerning intent, capabilities, or experiences. Clear identification of offer details shall be the sole responsibility of the offeror.

Failure to clearly address all submittal requirements, evaluation criteria and information requirements of the RFQ above may result in rejection of the offer.

Offerors must be registered in System for Award Management (SAM) in order to be eligible to be awarded a

Department of Defense (DoD) contract.

All items will be evaluated individually on a pass/fail basis and determined whether complete (pass) or incomplete (fail).

Addendum to 52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021)

A. The Government intends to evaluate offers and issue a firm fixed price contract based on the initial offers received, utilizing the procedures found at RFO FAR 12.203, Evaluation. The Government reserves the right to request revised offers from or negotiate final contract terms, if later determined by the Contracting

Officer to be necessary. The Government may reject any or all offers if such action is in the public interest and issue a contract to other than the Offeror with the lowest priced offer.

B. Offers shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and logically assembled. All pages of each part shall be appropriately numbered and identified with the name of the offeror, the date, and the solicitation number. Complete offers shall include all necessary information dictated in the Addendum to 52.212-1, Instructions to Offerors.

C. Basis for Award. This is a Best Value procurement. The Government may elect to award to other than the lowest price, based on the evaluation of the non-price factors and the best value to the Government. The

Government will not use the formal source selection procedures described in FAR part 15. The Government will evaluate offers utilizing the procedures of RFO FAR 12.203, Evaluation. This will be a firm fixed price contract.

The Government will review offers to determine if they are compliant with the solicitation requirements. A compliant offer is one that meets all of the terms, conditions, and specifications in the solicitation. The

Offeror shall provide all documents listed and shall comply with all RFQ instructions for the offer to be considered “compliant” with this solicitation. The Government may consider an Offeror ineligible for award if any section was not submitted by the required date and time, is incomplete (missing items, signatures, etc.), or does not comply with format requirements.

Although the Government anticipates awarding without interchanges, the Government reserves the right to, and may conduct interchanges with some, none, or all Offerors at its discretion. Interchanges may be limited for purposes of efficiency. Therefore, the offer should contain the Offeror’s best terms and conditions.

Evaluation Criteria

Evaluation of Capability will be based on the information provided in the quote. Documentation submitted in the quote shall be evaluated to determine that the proposed service/equipment meets or exceeds the

Governments minimum required specifications. Failure to clearly and unambiguously demonstrate this will result in an “unacceptable” rating.

• Factor 1: Business Summary

• Factor 2: Technical Capability

• Factor 3: Past Performance

• Factor 4: Price

Factor 1 – Business Summary

Evaluation of this factor will be for completeness.

Completeness: The business summary will be reviewed to determine the extent to which all the required elements have been addressed.

Factor 2 – Technical Capability

Evaluation of this factor is a subjective evaluation of the vendor's demonstrated resources, capability, and methods to meet all requirements. This factor will be evaluated on an Acceptable /Unacceptable basis. The vendor’s offer will be evaluated to determine whether the proposed capability approach demonstrates a clear and unambiguous understanding and a demonstrated ability to meet the minimum requirements. Failure to demonstrate a clear and unambiguous capability approach to meeting the requirements will result in an “Unacceptable” rating for this factor.

The offeror’s Factor 2 submittal will be evaluated on an “Acceptable” or “Unacceptable” basis as described in the table below:

Technical Rating Description

Acceptable

Submittal clearly meets the minimum requirements and indicates an adequate approach and understanding.

Unacceptable

Submittal does not clearly meet the minimum requirements and indicates an adequate approach and understanding.

Factor 3 – Past Performance

The Government will evaluate the quoter’s recent and relevant past performance record as to (1) the functional performance of the proposed or similar preventive equipment maintenance and/or corrective equipment maintenance services, and (2) the quality and timeliness of the technical assistance that the vendor has supplied to its customers.

Quoters will receive a rating of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No

Confidence or Unknown Confidence (Neutral).

Recency Assessment: An assessment of the past performance information contained in the Offeror’s submittals will be made to determine if it is recent. Submitted documentation must demonstrate that the offeror is or has been performing within the past three (3) years prior to the closing date of this solicitation.

Relevancy Assessment: An assessment of the past performance information will be made to determine if it is relevant. To be relevant, the submitted documentation must be for efforts that involved similar scope, magnitude of effort, and complexity that the solicitation requires.

The Government reserves the right to consider other past performance information at its disposal, in addition to any information obtained from the references provided above. The Government is likely to randomly select references provided for contact and does not commit to contact every reference. It is the responsibility of the quoter to ensure names and phone numbers of points of contact (POCs) are verified and accurate. In the case of a quoter without a record of relevant past performance or for whom information on past performance is not available, the quoter will not be evaluated favorably or unfavorably on past performance. The quoter will receive a neutral rating.

The Government will use the following relevancy definitions/ratings when assessing relevant past performance.

Rating Description

Relevant

Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Not Relevant

Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

Neutral

No relevant performance record is available, or the Offeror’s performance record is so sparse that no meaningful relevancy assessment can be reasonably assigned.

Performance Confidence Assessment (PCA): The Government will consider the performance quality of relevant and recent efforts and assign an overall PCA. Those rated neutral for relevancy will receive a neutral confidence

PCA. Offerors with experience providing the same services required by this solicitation may weigh more heavily than less relevant, less recent past performance. The confidence ratings noted in the table below will be used. The performance quality of the work performed will be assessed using the PPQ, CPARS report and/or contact with the

POC listed on the submittal to obtain information regarding past performance as it relates to providing the services required under this solicitation. Offerors whose past performance is rated limited or no confidence will not be evaluated further.

Performance Confidence Assessments

Rating Description

Substantial Confidence

Based on the Offeror’s relevant performance record, the Government has a high expectation that the Offeror will successfully perform the required effort.

Satisfactory Confidence

Based on the Offeror’s relevant performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort.

Limited Confidence

Based on the Offeror’s relevant performance record, the Government has a low expectation that the Offeror will successfully perform the required effort.

No Confidence

Based on the Offeror’s relevant performance record, the Government has no expectation that the Offeror will be able to successfully perform the required effort.

Neutral Confidence

No relevant performance record is available, or the Offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The Offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Factor 4 – Price

The Government will evaluate price for Reasonableness and Completeness. Prices must be entirely compatible with the capability portion of the offer.

Reasonableness: The degree to which the Quoter’s total proposed price represents a fair and reasonable price, including any additional quality control and annual maintenance coverage that must be purchased to make the system fully functional.

Completeness: The Offeror’s pricing sheet will be reviewed to determine the extent to which all the price elements have been addressed. The Offeror’s proposed price and other information will be evaluated to ensure continuity and traceability of prices to the evaluation criteria and between the initial offer and any revisions thereto. The review will determine the adequacy of the Offeror’s submission in addressing and fulfilling the solicitation requirements.

Evaluation of options shall not obligate the Government to exercise the option(s). Because FAR 52.217-8 provides that the Government may exercise the Option to Extend Services at the rates specified in the contract, for purposes of evaluating the Option to Extend Services, the Contracting Officer will consider the prices submitted to be binding should the Option to Extend be exercised.

The Government does not intend to conduct a price realism analysis unless the Contracting Officer determines it necessary for such purposes as determining whether an Offeror’s low price reflects a lack of understanding of the contract requirements or assessing the Offeror’s ability to perform in accordance with the PWS.

Additional Contract Terms and Conditions are as follows:

FAR Clauses Incorporated by Reference

52.203-3 Gratuities. (Apr 1984)

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. (Sep 2024)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (Jun 2020)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (Jan 2017)

52.204-13 System for Award Management Maintenance. (Oct 2018)

52.204-17 Ownership or Control of Offeror. (Aug 2020)

52.204-18 Commercial and Government Entity Code. (Aug 2020)

52.204-19 Incorporation by Reference of Representations and Certifications. (Dec 2014)

52.204-20 Predecessor of Offeror. (Aug 2020)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (Nov 2021)

52.204-22 Alternative Line-Item Proposal. (Jan 2021)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky

Lab Covered Entities. (Dec 2023)

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

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (Nov 2021)

52.204-26 Covered Telecommunications Equipment or Services-Representation. (Oct 2020)

52.204-27 Prohibition on a ByteDance Covered Application. (Jun 2023)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation. (Nov 2015)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. (Nov 2015)

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services. (Sep 2023)

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. (Nov 2023)

52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data.

(Nov 2021)

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-

Modifications. (Nov 2021)

52.222-50 Combating Trafficking in Persons. (Nov 2021)

52.223-5 Pollution Prevention and Right-to-Know Information. (May 2024)

52.223-23 Sustainable Products and Services. (May 2024)

52.225-13 Restrictions on Certain Foreign Purchases. (Feb 2021)

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. (May 2024)

52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. (Jun 2020)

52.232-33 Payment by Electronic Funds Transfer-System for Award Management. (Oct 2018)

52.232-39 Unenforceability of Unauthorized Obligations. (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (Mar 2023)

52.233-1 Disputes. (May 2014)

52.233-3 Protest after Award. (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (Oct 2004)

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

52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-

Covered Foreign Entities. (Nov 2024)

52.242-13 Bankruptcy. (Jul 1995)

52.245-1 Government Property. (Sep 2021)

52.245-9 Use and Charges. (Apr 2012)

DFARS Clauses Incorporated by Reference

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. (Sep 2011)

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. (Dec 2022)

252.203-7005 Representation Relating to Compensation of Former DoD Officials. (Sep 2022)

252.204-7003 Control of Government Personnel Work Product. (Apr 1992)

252.204-7004 Antiterrorism Awareness Training for Contractors. (Jan 2023)

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. (Oct 2016)

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

(Jan 2023)

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. (May 2024)

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. (Jan 2023)

252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation. (Dec 2019)

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(Jan 2023)

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. (Nov 2023)

252.204-7022 Expediting Contract Closeout. (May 2021)

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a

State Sponsor of Terrorism. (May 2019)

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. (Sep 2014)

252.225-7012 Preference for Certain Domestic Commodities. (Apr 2022)

252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten. (May 2024)

252.225-7055 Representation Regarding Business Operations with the Maduro Regime. (May 2022)

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. (Jan 2023)

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. (Jun 2023)

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. (Jan 2023)

252.243-7001 Pricing of Contract Modifications. (Dec 1991)

252.243-7002 Requests for Equitable Adjustment. (Dec 2022)

252.244-7000 Subcontracts for Commercial Products or Commercial Services. (Nov 2023)

252.245-7003 Contractor Property Management System Administration. (Jan 2025)

252.245-7005 Management and Reporting of Government Property. (Jan 2024)

252.247-7023 Transportation of Supplies by Sea. (Oct 2024)

FAR Clauses Incorporated by Full Text

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.sam.gov/ 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.

(End of provision)

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services. (Deviation

2025-O0003/Deviation 2025-O0004) (Mar 2025)

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;

(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

(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 at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702(b)(3)&num=0&edition=prelim

(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 CFR 124.104(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 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 least 51 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.

https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 https://www.ecfr.gov/current/title-13/section-127.300 http://www.sam.gov/ https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/4.1201#FAR_4_1201

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.

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

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

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

121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

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

(3) 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:____________ https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/19.000#FAR_19_000 https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(b) https://www.ecfr.gov/current/title-13/section-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(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c)

(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 Order 11246-(1) Previous contracts and compliance.