Attachment IV Solicitation Provisions RFQ.pdf

Attachment IV

Solicitation Provisions

70Z02324Q92200012

Nigeria

ATTACHMENT IV

SOLICITATION PROVISIONS

FEDERAL ACQUISITION REGULATION (FAR) PROVISIONS

The following FAR Provision is hereby incorporated in this Solicitation:

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 with supplements attached as necessary.

Provision # Provision Title 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 Products and Commercial Services (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 PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023) ADDENDUM

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

The intent of this procurement is for the USG to acquire three (3) 11-M Boats for the Country of

Nigeria in the vendor’s standard configuration, to include minor modifications that can support the Country’s missions and equipment (Attachment I § 4). The USG understands that “standard configuration” can differ from vendor to vendor and stresses the importance of the vendor providing sufficient technical details to showcase this information.

The Statement of Work (SOW) was developed with the belief that the Offeror will identify the need for additional input, per the Questions and Answers during the RFQ phase.

The Offeror’s Technical Summary submission must showcase their standard boat, currently in production with a proven hull, that can meet the minimum requirements of our SOW and include attributes and capabilities that would distinguish them from other vendors. The proposed boat may require minor modification to the parent crafts standard configuration. This summary shall include, at a minimum, the boat’s characteristics and performance information in the areas described in the SOW.

The SOW includes general characteristics that have been requested in the LOA yet does not contain explicit details of how to meet these characteristics. The USG is relying upon each offeror to provide this information and any recommended or necessary modifications, substitutions, or changes to meet the Statement of Work and the boats missions.

NOTE: Offerors are cautioned not to over modify their standard boat that would result in significantly exceeding the SOW requirements. Doing so could put your quote at risk of being priced out of the competition by exceeding the level of funding available on this FMS case.

MULTIPLE OFFERS. Per FAR 52.212-1(e), will be accepted.

Paragraph (b) (2), Offeror must submit an electronic version of their proposal in Microsoft

Word file format (.docx or equivalent) or Adobe portable document format (.pdf) via email to the

Contract Specialist, Micha Wisniewski at Micha.A.Wisniewski@uscg.mil with a copy to the

Contracting Officer, Christina Ayers Christina.L.Ayers@uscg.mil, no later than 08/22/2024 by 10:00 PM Eastern Daylight Time.

Paragraph (b)(3), The name, address, telephone number and UEI number of the Offeror must be on the first page of the proposal. In addition, the Offeror must list the name, email address, and telephone number of the primary point of contact representing the Offeror.

Paragraph (b)(4), submit the following technical information:

Technical Capability or Performance to meet the requirements of the Government– The

Offeror’s quote submission shall be confirmation they are capable and willing to perform all the requirements in Attachment I Statement of Work (SOW) and the resulting Contract. Offeror must submit the following technical information for evaluation:

mailto:Christina.L.Ayers@uscg.mil

1. Technical Summary. The summary must include boat characteristic and performance information of the Offeror’s commercially available boat in standard configuration modified as needed to meet the requirements of the SOW. The technical summary must not exceed ten (10) pages. This summary must be in the following format to assist with streamlining and expediting the evaluation process.

a. Design, Construction, and Arrangement

i. Boats design suitability to meet the mission and profile (Attachment I §§

4.1.1-2)

ii. Hull Design (Attachment I § 4.9)

iii. General Arrangement Drawings

b. Boat General Characteristics (Attachment I § 4.2)

i. Length

ii. Cruising Speed

iii. Range

iv. Endurance at Cruising Speed Statement

v. Operational Statement

vi. Survivability Statement

c. Physical Characteristics (Attachment I § 4.3)

i. Cabin/Console Type

ii. Crew/Passenger Capacity

iii. Hull Construction

iv. Paint / Detail

v. Gun Mounts

d. Propulsion (Attachment I § 4.4)

i. Top Speed

ii. Engine Make/Mode

iii. Fuel Capacity

e. Systems (Attachment I §§ 4.5-7)

i. Electronics

ii. Navigation

iii. Outfitting

iv. Noise and Vibration

2. Production Schedule. The Offeror must provide a Production Schedule (Attachment I §

3.3)

3. Reactivation and Training. The Offeror must provide a Reactivating and Training

Plan/Curriculum Outline (Attachment I §4.18).

4. Boat Trailer. The Offeror must provide the technical details of the boat trailer

(Attachment I 4.13).

5. Spare Parts. The Offeror must provide a recommend Spare Parts List (Attachment I §

4.14).

Paragraph (b) (5), Provide the Standard Commercial Boat and Trailer Warranty (Attachment I §

6).

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

CLIN 0001 11M RHIB The Offeror must provide the unit price and the extended price in

Attachment II, Tab 1 for the boats as required in Attachment I § 4. The Offeror must include an itemized price breakdown of the boat, its components, and ancillary equipment, which can be added to Tab 2 in Attachment II or in a separate document.

CLIN 0002 Transportation Trailer The Offeror must provide the unit price and the extended price in Attachment II, Tab 1 for the trailer as required in Attachment I § 4.7

CLIN 0003 Spare Parts Kit The Offeror must provide the unit price and the extended price for the Spare Parts Kit in Attachment II, Tab 1 as required in Attachment I § 4.8.

In addition, The Offeror must provide an itemized “Spare Parts Kit” breakdown in attachment II, Tab 3 (Or in a separate document) to include the following:

a. Component or Associated Equipment (e.g., Boat, Electronics, Navigation, Propulsion, Hull, Accessories, Trailer)

b. Item Description and Part Number

c. Total Quantity Per Boat for two (2) years

d. Extended Quantity for three boats for (2) years

e. Unit Price and Extended Price

CLIN 0004 Training and Reactivation The Offeror must provide the unit price and extended price for Training and Reactivation in Attachment II, Tab 1 as required in

Attachment I § 4.18

CLIN 0005 Travel The travel amount is a government calculated Not-to-Exceed amount in accordance with Attachment I § 3.5. Offerors are not to price travel.

CLIN 0006 Defense Base Act (DBA) Insurance The Offeror must provide the unit price and the extended price for DBA Insurance in Attachment II, Tab 1 as required by Attachment

I § 3.4.

Paragraph (b) (8), The Offeror must complete the representations and certifications at FAR provision 52.212-3, Offeror Representations and Certifications—Commercial Items (provided below). 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, complete and submit the self-certifications found in the following solicitation provisions Attachment IV:

• FAR 204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and

Disclosures (provided below)

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

• FAR 52.229-11 Tax on Certain Foreign Procurements (provided 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.

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

Evaluation Provision below for a description of how past performance will be evaluated.

(End of Addendum)

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 https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_30

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:

(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)

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)

(a) Definitions. As used in this provision— https://www.sam.gov/ https://www.acquisition.gov/far/part-4#FAR_4_2303

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) ADDENDUM

Paragraph (a) of this provision 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 conforms to the solicitation and is determined to represent the best value to the Government. Best value is described as the expected outcome of an acquisition that, in the

Government’s estimation, provides the greatest overall benefit in response to this solicitation.

The Government will determine best value by performing a comparative analysis (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, and that is within the funding available on the Foreign Military Sales Case (DT-P-LAU).

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

Capability, 2) Past Performance, and 3) Price. Technical Capability and Past Performance when combined are significantly more important than Price. However, as Technical and Past

Performance evaluations become more equal, Price can gain importance in determining best value.

The evaluation process will include the following:

https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179178

COMPLIANCE REVIEW. The Government will perform an initial review of each offer received to determine if the quote is complete and in compliance with the terms of the solicitation. The

Government may reject unacceptable quotes which do not conform to the solicitation.

COMPARATIVE EVALUATION. A comparative evaluation is defined as comparing each offer directly to one another to determine which provides the best value to the Government utilizing technical capability, past performance, and price as described below. The basis on which the award will be made is best value. “Best Value” is defined in FAR 2.101 as “the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the requirement.”

However, the Government reserves the right to hold interchanges (IN) during the evaluation if it is determined to be in the best interests of the Government to do so. Offeror responses to an IN will be considered in making the award decision. The Government is not required to conduct interchanges with any or all Offerors responding to this RFQ. A contractor may be eliminated from consideration without further communication if its technical and price quotes are not among those contractors considered most advantageous to the Government based on a best value determination.

INTERCHANGES (IN). Interchanges are fluid interactions between the Contracting Officer or the

Contract Specialist, and the offerors, and may address any aspect of the quote. The Government intends to make an award based on initial quote submissions without conducting any interchanges. Therefore, each offer should contain the offeror’s most competitive terms in accordance with the stated evaluation criteria.

TECHNICAL CAPABILITY AND PERFORMANCE. Technical capability and performance will be evaluated based on direct comparisons to other offers to discern if there were any advantages that would provide the greatest overall benefit to the government. The Technical Capability and

Performance sub-factors will be evaluated as follows and are in the order of importance:

1. TECHNICAL SUMMARY. The Government’s technical team will evaluate each offers technical summary information to determine if the proposed boat meets the requirements described in Attachment I §§ 4.1.1-4.1.2. Next, the Government’s technical team will conduct a direct comparison of all compliant offers, including OEM documented attributes and capabilities, to determine which boat is the most advantageous based on the degree of suitability and capability of the boat to perform the mission sets and document identified advantage or disadvantages.

1. PRODUCTION SCHEDULE. The Production Schedule will be evaluated to determine the number of calendar days, after receipt of award, that the boats, trailers, and spare parts will be available for inspection and acceptance by the Government. A Production schedule that allows for an expedited delivery will be evaluated more favorable.

2. SPARE PARTS. The Government’s technical team will review each proposed spare parts list to determine its capability to support the boats as required in Attachment I § 4.14.

3. REACTIVATION AND TRAINING PLAN/CURRICULUM. The Government’s technical team will conduct a direct comparison of all Reactivation and Training Plans to determine which is the most advantageous. A Plan/Curriculums that establishes a maintenance training program which allows the trainees to identify and understand the maintenance and repair of boats will be evaluated more favorable.

4. STANDARD COMMERCIAL BOAT AND TRAILER WARRANTY. The Government’s technical team will conduct a direct comparison of all Commercial Warranty and Boat and Trailer Warranty to determine the degree of warranty provided.

Structure or System Length of Warranty from date of service

Hull, Deck, Enclosure Structure _XX_ Years To be provided

Fuel Tank _XX_ Years To be provided

Fendering System (Collar) _XX_ Years To be provided

Trailer _XX_ Years To be provided

PRICE

The Offeror provided a completed Pricing Schedule (Attachment II), which includes unit prices and extended prices for each CLIN, and documented any discounts offered.

The Government will evaluate each offeror’s total evaluated price by using the sum of all CLIN extended prices, minus the CLIN 0003 Spare Parts. This CLIN will be evaluated separately due to the individuality of each submission. The Government may use various price analysis techniques and procedures to make a price reasonableness determination.

SELF-CERTIFICATION

The Offeror provided any changes per paragraph (b) of FAR provision 52.212-3, Offeror

Representations and Certifications—Commercial Items or provided a statement no changes required and the offered completed and submit the self-certifications for:

• FAR 204-29 Federal Acquisition Supply Chain Security Act Orders—

Representation and Disclosures

• FAR 52.209-7 Information Regarding Responsibility Matters

• FAR 52.229-11 Tax on Certain Foreign Procurements

PAST PERFORMANCE

The Government will review Contractor Performance Assessment Reporting System (CPARS)

(https://www.cpars.gov/), for the past three (3) years, and Federal Awardee Performance and

Integrity Information System (FAPIIS) (https://www.cpars.gov/) for each Offeror. The

Government reserves the right to obtain additional information relative to present and past performance on its own. Past performance will be evaluated based on a direct comparison to https://www.cpars.gov/ other offers to discern if there is any significant past performance advantages that would provide the greatest overall benefit to the government.

(b) Options. This paragraph is deleted in its entirety as no options are included in this solicitation.

(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 Supplement)

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.

https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300

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 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 https://www.acquisition.gov/far/part-52#FAR_52_204_25

(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— 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

(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—

(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.

https://www.ecfr.gov/current/title-13/part-127

(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: ____________.]

(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 http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-4#FAR_4_1201 https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(b) https://www.ecfr.gov/current/title-13/section-124.1001 https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a)

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-

(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 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(c) http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 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)

(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 https://www.acquisition.gov/far/part-52#FAR_52_225_1 https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/part-52#FAR_52_225_3

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:

(g)(1)(ii) The offeror certifies that the following supplies are Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—

Israeli Trade Act”:

Israeli End Products:

[List as necessary]

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III.

If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraphs (g)(1)(i)(B) and (g)(1)(ii) for paragraphs (g)(1)(i)(B) and (g)(1)(ii) of the basic provision:

(g)(1)(i)(B) The terms “Korean 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.”

https://www.acquisition.gov/far/part-25#FAR_25_105 https://www.acquisition.gov/far/part-25#FAR_Part_25

(g)(1)(ii) The Offeror…