B.08 RFQ W519TC24Q2334.pdf

W3ZL OFC PM SANG MOD PROG

W3ZL OFC PM SANG MOD PROG

AMCPM NGI S OPM SANG SUPPLY BRANCH

BLDG 5305

RIYADH 09803

TEL: 256-876-0194 FAX:

0012143405

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RAT ING

W519TC24Q2334 12-Jun-2024 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

IMPORTANT: This i s a request for informat ion, and quotations furni shed are not offers. If you are unable to quote, pleas e s o i ndicat e on t his form and return i t to the address in Block 5a. This request does not commit the Government t o pay any cost s incurred in the preparat ion of the submi ssion of t his quotat ion or to cont ract for suppl ies or services. Suppli es are of domest ic ori gin unles s ot herwis e i ndicated by quoter. Any representations and/ or certificati ons attached to this

Reques t for Quotat ions must be complet ed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANT ITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. %

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER (St reet , City , County, State, and ZIP Code)

14. SIGNATURE OF PERSON AUT HORIZED T O

SIGN QUOTATION

15. DATE OF

QUOTAT ION

16. NAME AND T ITLE OF SIGNER (Type or print) ( Incl ude ar ea code)

TELEPHONE NO.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

PREVIOUS EDITION NOT USABLE Presc ribed by GSA FAR (48 CFR) 53.215-1( a)

THI S RFQ X[ ] IS [ ] I S NOT A SMALL BUSI NESS SET-ASIDE

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE

REQUEST NO.

ARMY CONTRACTING COMMAND - ROCK ISLAND

3055 RODMAN AVE

ROCK ISLAND IL 61299

9. DESTINATION (Consignee and address , incl uding ZIP Code)

7. DELIVERY

[ ]X FOB

DESTINAT ION

[ ] OTHER

(See Schedule)

30-Jun-2024(Date)

PLEASE FURNISH QUOTATIONS T O THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

SHANIEL L. ESCOFFERY

(Name and Telephone no.) (No coll ect cal ls)5b. FOR INFORMATION CALL:

d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

W519TC24Q2334

Section A - Solicitation/Contract Form

INSTRUCTIONS TO OFFERORS

1. Army Contracting Command – Rock Island is issuing this Request for Quote on behalf of the Office of Program Management – Saudi Arabian National Guard (OPM‐SANG) for Office furniture supply, delivery and installation to various Sites in Riyadh; in accordance with the Statement of Work (SOW) within this Request for Quote.

2. The place of performance is the Kingdom of Saudi Arabia, as specified within this RFQ. The requirement will utilize Foreign Military Sales (FMS) funding. Funds are presently available for this acquisition.

3. The Period of Performance will be ninety (90) days after Notice to Proceed upon award of contract.

4. As outlined in sections ‘Instructions to Offerors’ and ‘Evaluation of Quotes’ in this solicitation, a lowest‐price technically acceptable approach will be used to evaluate quotes submitted. The U.S. Government anticipates receiving adequate price competition under this solicitation; therefore, certified cost or pricing data is not required to be submitted with proposals. However, in the event the Procuring Contracting Officer determines that adequate competition does not exist, the U.S. Government reserves the right to require that certified cost or pricing data be submitted.

5. Offerors shall propose pricing using the Price Matrix (Attachment 0001) as outlined in ‘Instructions to Offerors’ in this solicitation. Prices entered anywhere other than this Price Matrix will not be considered.

6. Offerors must have an active registration in the System for Award Management (SAM) in order to be considered for award. Offerors are required to be registered in SAM at the time of proposal submission. The website for SAM registration is http://www.SAM.gov.

7. This solicitation should not be discussed with any U.S. Government employee except the Contracting Officer, Ms. Linda A. Matos, or Contract Specialist, Ms. Shaniel L. Escoffery. Their contact information is listed below.

Failure to adhere to this restriction may be grounds to declare your firm ineligible for consideration of award resulting from this Request for Quote.

8. Any offeror submitting a proposal agrees by submission that their quote and the prices contained therein will be valid for 90 days after receipt of final quotes.

9. Offeror questions regarding solicitation and work contained in the SOW shall be submitted to the RFQ POCs, Shaniel Escoffery, Shaniel.l.escoffery.civ@army.mil and Linda Matos, linda.a.matos.civ@army.mil, no later than 1300 (1:00PM) Saudi Arabia Time on June 24, 2024, in order to ensure that all questions can be answered and posted for all Offeror’s knowledge prior to solicitation closing.

10. All comments or questions should be directed by completion of Attachment 0003‐ Request for Clarification and submitted electronically via email to, Shaniel.l.escoffery.civ@army.mil and linda.a.matos.civ@army.mil, providing the RFQ number, W519TC24Q2334 in the subject line.

Ms. Matos can be contacted at linda.a.matos.civ@army.mil.

Ms. Escoffery can be contacted by email at Shaniel.l.escoffery.civ@army.mil

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job SITE 1 Furniture supply delivery and ins

FFP

Supply, delivery and installation of all office furniture in Riyadh to Task Order 12

SITE 1

FOB: Destination

PURCHASE REQUEST NUMBER: 0012143405

PSC CD: N071

NET AMT

0002 1 Job SITE 2 Furniture supply delivery and ins

FFP

Supply, delivery and installation of all office furniture in Riyadh to Task Order 12

SITE 2

FOB: Destination

0003 1 Job SITE 3 Furniture supply delivery and ins

FFP

Supply, delivery and installation of all office furniture in Riyadh to Task Order 12

SITE 3

0004 1 Job SITE 4 Furniture supply delivery and ins

FFP

Supply, delivery and installation of all office furniture in Riyadh to Task Order 12

SITE 4

0005 1 Job SITE 5 Furniture supply delivery and ins

FFP

Supply, delivery and installation of all office furniture in Riyadh to Task Order 12

SITE 5

0006 1 Job TO 13 Furniture supply delivery and inst

FFP

Supply, delivery and installation of all office furniture in Riyadh to Task Order 13

0007 1 Job

VAT

FFP

VAT

FOB: Destination

PURCHASE REQUEST NUMBER: 0012143405

Section C - Descriptions and Specifications

SOW

Office Furniture for Warehouses ‐ Riyadh

1.GENERAL:

The Contractor shall provide all materials, equipment, labor, supervision and resources required supply & install all movable office furniture as described in this Statement of Work (SOW) for various Log Base General and Weapons warehouses in Riyadh (known as TO12 or 3‐435 and TO13 or 3‐436).

2.PERIOD OF PERFORMANCE:

All work must be complete and ready for occupancy no later than ninety (90) calendar days after Notice to Proceed

(NTP).

3.REQUIREMENTS:

3.1 Site Access: The warehouses mentioned in Section 1 are located on Ministry of National Guard (MNG) military base with controlled access at main gates and at sub‐compound gates. Employees and vehicles require authorization to enter various sites. Prior to commencing any mobilization or installation activity, the Contractor shall coordinate access to the various warehouse locations through the MNG at minimum Thirty (30) calendar days in advance of access. Assistance with access requests can be provided by request through the Contracting Officer (KO) or Contracting Officer Representative (COR). A template of the access letter is provided in Attachment 0005 Access Letter.

3.2 Project Key Personnel: Upon contract award, the Contractor shall submit a list of key project personnel with their position, vehicle, phone number, and email address to the KO. At minimum the list should include a Project Manager (PM). The PM will serve as the main point of contact (POC) for the KO and/or COR throughout the duration of the project. The PM shall have signatory authority and shall have authority to direct Contractor employees. The PM shall be able to speak and write in English fluently. The contractor shall also provide a Saudi National representative responsible for coordination and communications with MNG representatives. All key personnel shall be available and accessible for the duration of the project.

3.3 Worker Control: The Contractor shall be responsible for the conduct of workers on this project. Workers shall not wander from the job sites. Contractor shall designate appropriate break area and provide their own toilet facilities; these areas shall be maintained in a clean and hygienic condition. Contractor shall be responsible for the safety of its personnel in accordance with Saudi Arabian regulations. The United States Government (USG) is not responsible for employee conduct nor liable for the safety of Contractor’s personnel. Work is subject to stoppage by USG for failure to comply with base regulations and requirements of this contract.

3.4 Protection and Security of Contractor Furnished Materials (CFM): The Contractor is responsible for the security and protection of all CFM. All CFM supplied and installed under this contract is required to be free of dust, damage or defect at the time of final inspection. Any damaged or defective items discovered during final inspection shall be replaced within the period of performance at no additional cost to the USG. Additionally, the USG will not be held responsible for compensation of materials if the contractor fails to properly store and secure materials after delivery to work sites.

3.5 Storing & Protection of Government Personnel and Facilities: The Contractor shall conduct installation activities in such a manner to avoid damage to existing MNG facilities or risk to MNG personnel. Any damage caused by the Contractor to facilities (i.e. wall, ceiling, floor, door, window, tile, concrete, asphalt, electrical outlets, paint, etc.)

shall be restored to original condition by repair or replacement. Restoration method statement shall be submitted to the KO for approval prior to commencing work. Final Acceptance Letter of Work will not be issued until worksite is restored to the original condition, free from debris, CFM, etc. all terms of the contract, including but not limited to warranty receipt, spare parts correspondence.

3.6 Installation: The Contractor shall supply and install all required items identified in Section 4 of this SOW. Refer to Request for Quote (RFQ) and contract clauses for specific installation instructions.

3.7 Submittals: All material or information requiring Government approval shall be submitted to the KO and the COR for review and approval using Attachment 0004 Transmittal Form. USG may take up to fourteen (14) calendar days to review submittal for approval or disapproval. Disapproval of submittal shall not be the base for any delay claims.

3.8 Request for Clarification: The Contractor shall submit all questions, clarification or information requests in writing to the KO and the COR using Attachment 0003 Request for Clarification Form. USG may take up to fourteen

(14) calendar days to respond. Any response from the Government, interpreted by the Contractor, as a change from contract requirements impacting cost or time shall be immediately identified to the KO and the COR in writing through letter. Government will not provide any equitable adjust to the Contractor, if a change impacting cost or time was executed by the Contractor without formal contract modification. No one other than the KO is authorized to direct change.

3.9 Quality Control and Quality Assurance: The Contractor shall be responsible for Quality Control to ensure compliance with contract requirements. During period of performance, the USG may perform periodic Quality Assurance activities to ensure Contractor’s compliance with contract requirements. Once the Contractor has supplied and installed all items, the Contractor shall submit a request for a final inspection to the KO and the COR.

Final inspection will be conducted by the USG along with the Contractor to verify all activities have been completed according to the contract requirements and proper installation practice. Attendance at the final at the final inspection is mandatory for the Contractor’s Project Manager. Upon satisfactory completion of the final inspection and completion of punch‐list items, the USG will accept all work and issue a Final Acceptance letter.

3.10 Safety: The Contractor is responsible for the safety of all employees and work sites. All employees shall wear the appropriate personal protective equipment related to the task. At a minimum, when assembling furniture units, employees shall wear close‐toed shoes (no sandals). Work platforms and ladders will be required for work over 2.5 meters in height. Any power tools and equipment, including powered drills and screwdrivers, shall be subject to inspection by USG. Non‐conforming tools, power cords and equipment will be removed and replaced.

USG has the right to issue a work stoppage for gross negligence of safety. Contractor is not permitted use of government property owned by MNG including but not limited to electrical outlets, bathroom facilities, water, etc.

3.11 Warranty: The Contractor shall warranty all items, provided under this contract, for a period of two (2) years from the Building of Occupancy Date (BOD). The contractor shall submit a warranty letter to the KO and the COR for approval containing the following information: list of all items provided under contract along with associated part/catalog numbers, warranty start date, warranty end date and contact information of Contractor’s representative for the duration of the warranty period.

3.12 Spare Parts: For the items identified in Section C.4, manufacturer typically provides additional spare parts (such replaceable parts, screws, joints, wheels, etc.). Contractor shall provide all spare parts provided by the manufacturer, approximately 5% of the total order. These spare parts shall be delivered, stored and labeled properly to minimize damage and easy retrieval. Location to store the spare parts shall be identified to the Contractor during the period of performance.

3.13 Drawings and Specifications: The contractor will be provided with a set of drawings depicting type of furniture required for each facility, at the time of award. The contractor will also be provided with furniture and contract specifications and regulations.

3.14 Changes and Modifications: The Contracting Officer (KO) is the only person authorized to make changes to this contract. If the requirements specified in this contract, such as; type of furniture, quantities, floor plan locations or any other change which is within the scope of this contract may require a modification as per US Federal Acquisition Regulations. If the contractor is requested to change the requirements of this contract by anyone other than the KO, the contractor shall immediately report the incident to the KO and COR.

3.15 Furniture Procurement: The Contractor shall procure all movable office furniture locally within Riyadh, adhering strictly to the guidelines outlined in the Saudi Vision 2030 initiative. All materials, including but not limited to: furnishings, equipment, and accessories, shall be sourced in accordance with local regulations and standards, ensuring alignment with the overarching goals of national development.

3.16 Phased Completion: The contractor shall ensure a phased completion approach for each building within the project scope. Prior to advancing to the next building, each designated facility must be fully furnished, inspected, and approved for completion. The contractor will submit a furnishing plan following their submitted schedule prior to Notice to Proceed.

4. FURNITURE QUANTITIES:

The Contractor shall supply and install the following quantities of items at locations identified in Section J.1 ‐ Drawings.

4.1 Movable Office Furniture:

Refer to ATTACHMENT 0002 – Specifications for item code reference. For item DA13 and WT01 provide material submittal for approval by completing ATTACHMENT 0004 Material Transmittal Form.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 90 dys. ADC 1 W3ZL OFC PM SANG MOD PROG

W3ZL OFC PM SANG MOD PROG

AMCPM NGI S OPM SANG SUPPLY

BRANCH

BLDG 5305

RIYADH 09803

256-876-0194

W90BRJ

0002 90 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0003 90 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0004 90 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0005 90 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0006 90 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0007 90 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2023

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions 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; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by--

(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571-767-6688 or email at assisthelp@dla.mil.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers as

(i) Technical capability; (ii) past performance; (iii) price

Technical and past performance, when combined, are more important, when combined, when compared to price.

(b) Options. N/A

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

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

(a) Definitions. As used in this provision --

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

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

"Forced or indentured child labor" means all work or service-

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

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

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

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

(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"--

(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

(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. 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 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) Certifications and representations required to implement provisions of Executive Order 11246--

(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 Subparts 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 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

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

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

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

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

(2) Foreign End Products:

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

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No.

(4…