COMBINED SYNOPSIS_N0024425QS133.pdf
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- Solicitation number
- N00244-25-Q-S133
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This document is a Combined Synopsis/Solicitation for Commercial Items issued by the U.S. Navy for a 100% Total Small Business Set-Aside procurement. The solicitation (N00244-25-Q-S133) seeks FLIR camera and equipment in support of the USS Makin Island (LHD-8), with a required delivery date of 08 October 2025 to the DLA Distribution Center in San Diego, California. The procurement will be conducted using Simplified Acquisition Procedures under NAICS code 334511 with a size standard of 1,350 employees.
The solicitation will close at 8:00 AM (PST) on 04 September 2025, with questions due by 11:00 AM (PST) on 03 September 2025. Vendors must submit their quote via email to the Contract Specialist, specifying the solicitation number. The award will be made to the lowest-priced technically acceptable quoter who can meet all Statement of Work requirements. Payment will be made by credit card, and no partial bids are allowed. Quoters must provide detailed information about their FLIR camera and equipment, including specifications, pricing, and compliance with various federal contracting provisions and representations.
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| File | Type | Posted |
|---|---|---|
| USS MAKIN ISLAND M500 FLIR-SOW.pdf | ||
| Brand Name or Equal JA_Redacted.pdf |
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COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in
Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and
Solicitation for Commercial Items,” as supplemented with additional information included in this notice.
This announcement constitutes the only solicitation; “quotations” are being requested, and a written solicitation document will not be issued.
The solicitation number N00244-25-Q-S133 and it is being issued as a Request for Quote (RFQ). RFQ
N00244-25-Q-S133 shall be used to reference any written quote provided under this solicitation. The solicitation document and incorporated provisions and clauses are those in effect through Federal
Acquisition Circular (FAC) 2025-05 published in the Federal Register on 07 August 2025. Small business joint venture quoters have to submit the joint venture representations at paragraph (c) of Federal
Acquisition Regulation (FAR) solicitation provision 52.212-3, Quoter Representations and Certifications-
Commercial Products and Commercial Services, and paragraph (c) of FAR solicitation provision 52.219-
1, Small Business Program Representations, with each offer.
This Request for Quote (RFQ) is a 100% Total Small Business Set-Aside, following the policies and procedures in FAR part 13: Simplified Acquisition Procedures. The North American Industry
Classification System (NAICS) code for this project is 334511 with a size standard of 1350 (# of employees).
All interested companies shall provide a quotation for FLIR camera and equipment in support of the USS
Makin Island (LHD-8) in accordance with the Statement of Work (SOW).
Required Delivery Date: 08 October 2025
Delivery Address:
USS Makin Island (LHD-8)
DLA Distribution Center San Diego
3581 CUMMINGS ROAD BLDG 3581
SAN DIEGO CA 92136
Delivery shall be FOB Destination
Addenda to provision 52.212-1 are included herein. The provision 52.212-2 is applicable and specific evaluation criteria included in paragraph (a) of the provision. Award shall be made to the quoter, whose quotation, is evaluated as the lowest priced technically acceptable. Quoters shall include a completed copy of provision 52.213-3 and its Alternate I with its quote. The clause 52.212-4 is applicable. The clause 52.212-5 is applicable and properly indicated with which FAR provisions and clauses are applicable to this procurement.
Additional Contract requirements:
NOTE 1: Failure to meet all of the requirements of the SOW will result in rejection of quotation. The vendor must be able to meet all of these requirements and must submit a quote that identifies and shows they can meet all of these requirements. Otherwise, the quote will be rejected and the vendor will not be considered for award.
NOTE 2: Failure to meet the Evaluation Criteria will result in rejection of quotation.
NOTE 3: NO partial bids allowed.
NOTE 4: The method of payment for this procurement shall be Credit Card.
Defense Priorities and Allocations System (DPAS) and assigned rating: N/A
This combined synopsis/solicitation will close at 8:00 AM (PST) on 04 September 2025. Submit vendor quote to the Contract Specialist, Ms. Chelsey Hernandez-Guevara, via email to the address chelsey.l.hernandez-guevara.civ@us.navy.mil and stating - Solicitation N00244-25-Q-S133 FLIR camera in support of the USS Makin Island (LHD-8).
Questions on this solicitation shall be submitted to the Contract Specialist via email. The Government will attempt to answer all questions in timely manner and will be made available publicly. However, question(s) submitted near the solicitation closing date may not provide sufficient time for the
Government to respond. Therefore, quoters are hereby directed to submit question(s) not later than 11:00
AM (PST) on 03 September 2025. QUESTIONS REGARDING THIS SOLICITATION HAVE TO
BE SUBMITTED VIA EMAIL. ANSWERS FOR THIS SOLICITATION WILL ONLY BE
RESPONDED VIA AMENDMENT ON www.Sam.gov.
52.204-7 System for Award Management NOV 2024
52.204-10 Reporting Executive Compensation and First-Tier Subcontract
Awards
JUN 2020
52.204-13 System for Award Management Maintenance OCT 2018
52.204-16 Commercial and Government Entity Code Reporting AUG 2020
52.204-18 Commercial and Government Entity Code Maintenance AUG 2020
52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014
52.204-23 Prohibition on Contracting for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab and Other Covered
Entities
DEC 2023
52.204-25 Prohibition of Contracting for Certain Telecommunications and
Video Surveillance Services or Equipment
NOV 2021
52.204-26 Covered Telecommunications Equipment or Services--
Representation
OCT 2020
52.204-27 Prohibition on a ByteDance Covered Application JUN 2023
52.212-1 Instructions to Offerors—Commercial Products and Commercial
Services
SEP 2023
52.212-4 Contract Terms and Conditions—Commercial Products and
Commercial Services
NOV 2023
52.212-5 Contract Terms and Conditions Required to Implement Statutes or
Executive Orders—Commercial Products and Commercial Services
JAN 2025
52.223-23 Sustainable Products and Services MAY 2024
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.243-1 Changes - Fixed Price AUG 1987
52.247-34 F.O.B. Destination JAN 1991
252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 mailto:chelsey.l.hernandez-guevara.civ@us.navy.mil http://www.sam.gov/
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022
252.203-7005 Representation Relating to Compensation of Former DoD Officials SEP 2022
252.204-7003 Control of Government Personnel Work Product APR 1992
252.204-7008 Compliance with Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident
Reporting
MAY 2024
252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
JAN 2023
252.204-7016 Covered Defense Telecommunications Equipment or Services--
Representation
DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense
Telecommunications Equipment or Services--Representation
MAY 2021
252.204-7018 Prohibition on the Acquisition of Covered Defense
Telecommunications Equipment or Services
JAN 2023
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023
252.204-7024 Notice on the Use of the Supplier Performance Risk System. MAR 2023
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the
Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.211-7003 Item Unique Identification and Valuation JAN 2023
252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or
Hazardous Materials--Basic
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JAN 2023
252.225-7001 Buy American and Balance of Payments Program--Basic FEB 2024
252.225-7002 Qualifying Country Sources as Subcontractors MAR 2022
252.225-7012 Preference for Certain Domestic Commodities APR 2022
252.225-7048 Export-Controlled Items JUN 2013
252.225-7055 Representation Regarding Business Operations with the Maduro
Regime.
MAY 2022
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime JAN 2023
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur
Autonomous Region-Representation
JUN 2023
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur
Autonomous Region
JUN 2023
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018
252.232-7010 Levies on Contract Payment DEC 2006
252.244-7000 Subcontracts for Commercial Products or Commercial Services NOV 2023
252.247-7023 Transportation of Supplies by Sea--Basic Oct 2024
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND
VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Quoter shall not complete the representation in this provision if the Quoter has represented that it
“does not provide covered telecommunications equipment or services as a part of its quoted products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services--
Representation, or in paragraph (v) of the provision at 52.212-3, Quoter Representations and
Certifications--Commercial Items.
(a) Definitions. As used in this provision--
Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain
Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
Contractors are not prohibited from providing--
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Quoter shall review the list of excluded parties in the System for Award Management
(SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(d) Representation. The Quoter represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.
(e) Disclosures. If the Quoter has represented in paragraph (d) of this provision that it “will'' provide covered telecommunications equipment or services”, the Quoter shall provide the following information as part of the quote-
(1) A description of all covered telecommunications equipment and services quoted (include brand;
model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);
(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;
(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and
(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).
(End of provision)
ADDENDUM to FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial
Services (SEP 2023)
Addendum to FAR 52.212-1(b), Submission of quotes. This paragraph is tailored as follows:
1.The Government contemplates award of a firm fixed price (FFP) purchase order from this solicitation.
The resultant purchase order is for an FLIR camera and equipment that meets all the requirements listed in the Statement of Work (SOW) provided as an attachment.
2. This is a Total Small Business Set-Aside. Award shall be based on a Lowest Price Technically
Acceptable (LPTA) source selection process, in accordance with the policies and procedures in Federal
Acquisition Regulation (FAR) part 13: Simplified Acquisition Procedures, and consistent with the delivery dates set forth in the resultant purchase order.
3. Quotes shall be submitted by the deadline specified in this Combined Synopsis/Solicitation. Any quote submitted after the deadline will NOT be accepted.
4. To be considered eligible for award, each contractor must submit a single quote that contains a complete and accurate response to the requirements of this solicitation. The Government will not evaluate more than one quotation per contractor. Quote must be valid for 30 days.
5. Contractors shall submit their own quote by the solicitation closing date and time that includes ONLY the following:
5.1. Contractor Information
Contractor shall include the name of the company, the CAGE code, the physical address, the point of contact information (name, email and phone number), and the titles or names of all the documents submitted in response to this solicitation.
5.2 FLIR camera and equipment Specifications
Contractor shall provide material demonstrating that they can provide all the Brand Name or
Equal FLIR camera and equipment listed in the SOW of this solicitation: the contractor shall address FLIR camera and all required equipment in their quotation. The proposed FLIR camera and all required equipment can be brand name or equal to the Manufacturer Part Number listed in the SOW.
The contractor may submit supporting technical documentation (e.g.: product literature and specifications) to help the evaluator determine if the quoted equipment meets all the essential specifications required per the SOW.
5.3 Price
The contractor shall provide the price of all required listed in the SOW. The total price shall also include delivery and credit card fees for the FLIR camera and equipment.
5.4 Responsibility Determination
After the solicitation closing date and time, the contracting officer may require the contractor to submit information promptly to demonstrate the contractor is responsible. (See responsibility determination below).
(End of Provision)
52.212-2 Evaluation—Commercial Products and Commercial Services (NOV 2021)
FAR 52.212-2(a) is tailored to include the following:
The award resulting from this solicitation will be a FFP purchase order. The government will award this requisition based on the LPTA source selection process to the contractor who is deemed responsible in accordance with the FAR part 9: Contractor Qualifications and whose quotation conforms to all contract requirements.
1. FLIR camera and equipment Specifications
Contractor shall provide material demonstrating that they can provide all the Brand Name or Equal FLIR camera and equipment listed in the SOW of this solicitation: the contractor shall address FLIR camera and all required equipment in their quotation. The proposed FLIR camera and all required equipment can be brand name or equal to the Manufacturer Part Number listed in the SOW. The Government reserves the discretion to determine whether the proposed FLIR camera and equipment meets the Government’s requirements in the SOW.
Rating Table
Rating Description
Acceptable 1. Quotation does not take exception to any term of the solicitation.
AND
2. Quotation meets all the required specifications in the
Statement of Work (SOW)
Unacceptable 1. Quotation takes exception to a solicitation term(s).
AND/OR
2. Quotation does not meet all required specifications in the
Statement of Work (SOW)
Only those quotations rated Acceptable under “1. FLIR camera and equipment Specifications” will be evaluated for price below.
2. Price
The Government will evaluate the total price of quotes for price reasonableness. The Contracting Officer must determine that the total price is fair and reasonable before proceeding to the award phase.
3. Responsibility Determination
An award will only be made to an offeror that satisfies the general responsibility standards of FAR 9.104-
1. The contracting officer may either make a responsibility determination without requesting any information from an offeror or require the offeror provide information to substantiate that it satisfies the general responsibility standards of FAR 9.104-1. The information requested from an offeror will be specific to that offeror. For example, an offeror that the contracting officer is less familiar with may be required to provide information not required from another offeror. The contracting officer may consider an offeror’s inability to promptly respond to a request for information as an indication the offeror is non-responsible since FAR 9.103(c) obligates prospective contractors to affirmatively demonstrate their responsibility.
When the contracting officer requests responsibility information, the contracting officer’s request, the offeror’s response, and all related communications between the Government and offeror are solely for the purpose of determining whether the offeror is responsible. These communications will not constitute discussions within the meaning of FAR 15.306 since the offeror will not be given an opportunity to revise its proposal.
While the contracting officer may require the offeror to provide any information related to the standards at FAR 9.104-1, the following are examples of information that may be required:
1. A demonstration, through information such as bank references and financial information (e.g., most current annual balance sheet), that the offeror has adequate financial resources to perform the contract.
2. A demonstration the offeror’s price is not so low as to call into question the offeror’s capability to successfully perform the contract.
3. Past performance information on recent contracts for items similar to this requirement, including a point of contact for the Government activity or commercial entity customer.
4. A demonstration the offeror can comply with the required performance schedule, including a transition plan.
5. A demonstration the offeror has, or can obtain, the organizational, management and technical skills to successfully perform. This demonstration may involve the particular personnel and approaches available to the offeror.
6. The offeror’s quality assurance procedures.
7. The FLIR camera and equipment the contractor will proivde.
8. Information demonstrating a proposed subcontractor satisfies the FAR 9.104-1 general standards of responsibility.
9. Completion of the Certifications and Representations contained in this solicitation.
10. A demonstration the offeror isn’t an inverted domestic corporation.
11. Certificate of registration of the company.
12. In the event the offeror is a joint venture, a Memorandum of Association which indicates who has the authority to bind the company.
Nothing in this provision limits the contracting officer’s discretion to rely on information available from other sources (e.g., past performance data bases, discussions with other entities familiar with the offeror) or to use any other technique described FAR 9.1 when determining whether the offeror satisfies the FAR
9.104-1 general responsibility standards.
The Contracting Officer will use Supplier Performance Risk System (SPRS) in the evaluation of the
Quoter or Offeror’s performance. SPRS retrieves item, price, quality, delivery, and contractor information on contracts from Government reporting systems to develop risk assessments.
SPRS is available at https://piee.eb.mil/
52.212-3 QUOTER REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS
(MAY 2024)
https://piee.eb.mil/
The Quoter shall complete only paragraph (b) of this provision if the Quoter has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Quoter has not completed the annual representations and certifications electronically, the Quoter 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. 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 quote 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 quoter, or that owns or controls one or more entities that control an immediate owner of the quoter. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the quoter, that has direct control of the quoter. 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;
https://www.sam.gov/
(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.
“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 concern”--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined 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 $750,000 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 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 the stock of which 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 its stock is owned by one or more women; or
(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.
(b) (1) Annual Representations and Certifications. Any changes provided by the Quoter in paragraph
(b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The quoter has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Quoter verifies by submission of this quote that the representations and certifications currently posted electronically at FAR 52.212-3, Quoter
Representations and Certifications--Commercial Items, 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 quote is submitted and are incorporated in this quote by reference (see FAR 4.1201), except for paragraphs __.
[Quoter to identify the applicable paragraphs at (c) through (v) of this provision that the quoter has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this quote and are current, accurate, and complete as of the date of this quote.
Any changes provided by the quoter are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Quoters must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The quoter represents as part of its quote that it ( ___ ) is, ( ___ ) is not a small business concern.
http://www.sam.gov/
(2) Veteran-owned small business concern. (Complete only if the quoter represented itself as a small business concern in paragraph (c)(1) of this provision.) The quoter represents as part of its quote that it (
___ ) is, ( ___ ) is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. (Complete only if the quoter represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The quoter represents as part of its quote that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. (Complete only if the quoter represented itself as a small business concern in paragraph (c)(1) of this provision.) The quoter represents that it ( ___ ) is, (
___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. (Complete only if the quoter represented itself as a small business concern in paragraph (c)(1) of this provision.) The quoter represents that it ( ___ ) is, (
___ ) is not a women-owned small business concern.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the quoter represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The quoter represents that-
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The quoter shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the quoter represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The quoter represents that--
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the
WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The quoter shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(8) Women-owned business concern (other than small business concern). (Complete only if the quoter is a women-owned business concern and did not represent itself as a small business concern in paragraph
(c)(1) of this provision.) The quoter represents that it ( ___ ) is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business quoters may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by quoter or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. (Complete only if the quoter represented itself as a small business concern in paragraph (c)(1) of this provision.) The quoter represents, as part of its quote, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small
Business Administration, and no material changes in ownership and control, principal office, or
HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126;
and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR
Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The quoter shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each
HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Certifications and representations required to implement provisions of Executive Order 11246--
(1) Previous Contracts and Compliance. The quoter represents that--
(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the
Equal Opportunity clause of this solicitation, the and
(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The quoter 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 quote, the quoter 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 quoter with respect to this contract, the quoter shall complete and submit, with its quote, OMB Standard Form LLL, Disclosure of Lobbying
Activities, to provide the name of the registrants. The quoter need not report regularly employed officers or employees of the quoter 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) The quoter certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the quoter has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The quoter shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “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
(List as necessary)
(3) The Government will evaluate quotes 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) The quoter certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the quoter has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.
The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,'' ``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,'' ``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--
Free Trade Agreements--Israeli Trade Act.''
(ii) The quoter certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade
Act'':
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:
[List as necessary]
(iii) The quoter 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 quoter shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”
Other Foreign End Products:
Line Item No. Country of Origin
(iv) The Government will evaluate quotes in accordance with the policies and procedures of FAR Part
25.
(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If
Alternate I 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 quoter certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American -Free Trade Agreements-Israeli Trade Act":
Canadian End Products:
Line Item No.
(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). 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 quoter certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-
Israeli Trade Act":
Canadian or Israeli End Products:
Line Item No. Country of Origin
(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III 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 quoter certifies that the following supplies are Free Trade Agreement country end products
(other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American --Free Trade Agreements--
Israeli Trade Act'':
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The quoter certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled
``Trade Agreements''.
(ii) The quoter shall list as other end products those end products that are not U.S.-made or designated country end products.
Other End Products:
(iii) The Government will evaluate quotes in accordance with the policies and procedures of FAR Part 25.
For line items covered by the WTO GPA, the Government will evaluate quotes of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only quotes of U.S.-made or designated country end products unless the Contracting
Officer determines that there are no quotes for such products or that the quotes for such products are insufficient to fulfill the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The quoter certifies, to the best of its knowledge and belief, that the quoter and/or any of its principals--
(1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(2) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this quote, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of quotes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and
(3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a
Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and
(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this quote, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.
(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).
(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126).
[The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or
Indentured Child Labor, unless excluded at 22.1503(b).]
(1) Listed end products.
Listed End Product Listed Countries of Origin https://www.acquisition.gov/far/current/html/Subpart%2022_15.html#wp1088086
(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the quoter must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]
[ ___ ] (i) The quoter will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.
[ ___ ] (ii) The quoter may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The quoter certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the quoter certifies that it is not aware of any such use of child labor.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the quoter shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—
(1) ( ___ ) In the United States (Check this box if the total anticipated price of quoteed end products manufactured in the United States exceeds the total anticipated price of quoteed end products manufactured outside the United States); or
(2) ( ___ ) Outside the United States.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the quoter shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly--
(1) ( ___ ) In the United States (Check this box if the total anticipated price of quoteed end products manufactured in the United States exceeds the total anticipated price of quoteed end products manufactured outside the United States); or
(2) ( ___ ) Outside the United States.
(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards.
(Certification by the quoter as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.)
[The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]
[ ___ ]…
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