The proposed simplified acquisition is being solicited on a full and open competition for a spectrometer for the United States Naval Academy.

This is a combined synopsis/solicitation for commercial supplies/services in accordance with the information in

FAR Subpart 12.6 and FAR Subpart 13.106, using Simplified Acquisition Procedures for commercial items. This announcement constitutes the only solicitation; and a written solicitation will not be issued. This combined synopsis/solicitation will be available for download on or about 4 February 2026 under Request for Quotation

(RFQ) number N0018926Q0038 at the following website: https://beta.sam.gov/.

This solicitation documents and incorporates provisions and clauses in effect through FAC 2024-05 and DFARS

Change Notice 20251110. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: www.acqnet.gov/far and http://www.acq.osd.mil/dpap/dfars/index.htm. This acquisition will result in a Firm-Fixed-Price purchase order under NAICS 334516. The Small Business Size Standard is 1,000.

SCHEDULE OF ITEMS REQUIRED:

CLIN DESCRIPTION QTY U/I

0001 Spectrometer

FFP

Meets all minimum requirements as stated in the SOW. All supplies and software must be country compliant.

1 EA

0002 Base Year Annual Service including annual preventative maintenance and phone/email/video call support as needed.

12 Months

0003 Shipping 1 EA

1001 Option Year 1 Annual Service including annual preventative maintenance and phone/email/video call support as needed.

12 Months

2001 Option Year 2 Annual Service including annual preventative maintenance and phone/email/video call support as needed.

12 Months

3001 Option Year 3 Annual Service including annual preventative maintenance and phone/email/video call support as needed.

12 Months

4001 Option Year 4 Annual Service including annual preventative maintenance and phone/email/video call support as needed.

12 Months

No refurbished items. Refurbished items are deemed unacceptable. All supplies and software shall be Trade

Agreements Act-designated countries origin compliant.

Required delivery date: 1 June 2026

Delivery Location:

U.S. Naval Academy

572 M Holloway Road

Annapolis Md 21402

QUESTIONS: Vendors may submit questions regarding clarification of solicitation requirements via e-mail to the

Purchase Order Specialist, Megan Evans, at megan.m.evans18.civ@us.navy.mil. It is requested that all questions be received by 11:00am EST 6 February 2026. Questions received after the deadline will not be answered by the

Government.

This announcement will close on 12 February 2026, 10:00 AM EST. Responses should be submitted via email to

Megan Evans at megan.m.halda.civ@us.navy.mil. No further questions will be answered by government.

System for Award Management (SAM). Quoters must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at http://www.sam.gov. For assistance call 866-606-8220 or visit the Federal Service Desk website at http://www.fsd.gov.

https://beta.sam.gov/ mailto:megan.m.halda.civ@us.navy.mil http://www.fsd.gov/

All quotes shall include price(s), FOB destination, delivery date, country of origin, a point of contact, name and phone number, GSA contract number if applicable, business size, and NET 30 payment terms

STATEMENT OF WORK

Statement of Work

United States Naval Academy, Chemistry Department

Delivery Address: 572M Holloway Rd, Annapolis, MD 21402

Background. The United States Naval Academy (USNA) Chemistry Department requires instrumentation to support both the academic program of midshipmen and the scholarship/research projects of the faculty. These projects often involve midshipmen researchers in project-based learning. In terms of the academic program, laboratory courses routinely require the use of a high-field (at least 400 MHz) nuclear magnetic resonance (NMR) spectrometer. This instrument is required for the maintenance of a bachelor of science degree accredited by the

American Chemical Society. In terms of faculty scholarship, several groups in the areas of organic, inorganic, organometallic, analytical, pharmaceutical, and ionic liquids chemistry require NMR spectroscopy, with the ability to detect nuclei of a variety of frequencies through the use of a broadband probe. This acquisition aims to replace our aging system, a 400 MHz JEOL NMR spectrometer, with a newer one as a part of lifecycle management. The entire NMR system (magnet, probe, amplifiers, computer, etc.) may be referred to as “the system” or “NMR” henceforth.

Objectives. We aim to improve and maintain the use of the department’s NMR facility in order to support midshipmen academics and faculty/midshipmen research. This acquisition will ensure a safe and functional, state-of-the-art system is available to all who require it.

Requirements. Minimum requirements are as follows:

• 400 MHz NMR System.

• Broadband probe capable of detecting many nuclei including, but not limited to, 1H, 2H, 11B, 13C, 15N, 19F, 29Si, 31P, 51V.

• NMR system shall be capable of autotuning, autolocking, and autoshimming.

• NMR system shall have variable temperature abilities (~-80 °C - ~100 °) with all associated hardware provided (including but not limited to liquid nitrogen cooling dewar, etc).

• NMR system shall be equipped with an autosampler capable of holding 24 or more samples, with enough spinners to fill every slot.

o Plastic spinners for routine use are acceptable, however spinners capable of being used in variable temperature experiments must be furnished as well.

• Computer and software to control the entire NMR system, including the autosampler o This shall include a monitor to view the software.

o All hardware and software shall run and be compatible with Windows 11 Enterprise.

o This shall be sourced in a manner that it can be operated at USNA.

▪ No products, hardware or software, may originate in countries prohibited (e.g., China, Iran, etc.)

▪ The vendor shall make clear the origin of all hardware and software for assessment before the purchase order is awarded (for the entire system).

o Legacy data from our current JEOL system shall be accessible for viewing and extraction of experimental parameters, as users may need to recreate experiments exactly as they were previously performed. Before the system is decommissioned, the data shall be backed up on a

Google Drive, and then redownloaded on the new computer as needed.

• Our current system shall be safely decommissioned and removed prior to installation of the new system.

Vendor shall decommission the present system, fully install the new system, and train users on how to operate and maintain the new system.

o Note: The probe that is presently in our system, backup/special application probes, the spinners, and the uninterruptible power supply shall remain at USNA as the property of the US Navy.

• All gases, cryogens, and consumables needed for decommissioning of our current system and installation of the new system shall be provided.

• A new uninterruptable power supply (UPS) suitable to protect the new system during power outages shall be furnished by the vendor. The UPS provided shall be the one recommended by the vendor for use under best practices.

• Uninterrupted use of the system is of paramount importance. The vendor shall furnish two probes upon initial delivery, as we require a backup probe in the event that the first is damaged and must be repaired.

This shall be two identical broadband probes capable of detecting all nuclei listed above.

• Pricing for option years for service annual preventative maintenance shall be submitted with vendors quote.

This shall include annual preventative maintenance and phone/email/video call support as needed. Phone, email, or video call request shall be responded to no later than 24 hours after the initial request.

The following FAR and DFARS provisions and clauses are applicable to this procurement:

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-7 System for Award Management NOV 2024

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

52.204-29 Federal Acquisition Supply Chain Security Act Orders--

Representation and Disclosures.

DEC 2023

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

52.212-1 ADDENDUM

ADDENDUM TO FAR CLAUSE 52.212-1 ADDENDUM, INSTRUCTIONS TO QUOTERS –

COMMERCIAL ITEMS

The Government will award a single purchase order with Firm Fixed Price (FFP) provisions as a result of this solicitation and in accordance with the policies and procedures of FAR Part 12, Acquisition of Commercial Items and FAR Subpart 13.5, “Simplified Procedures for Certain Commercial Items.”

Award will be made to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government under the selection criteria set forth in the solicitation by utilizing award on the basis of technical and price. The Government intends to award a purchase order without communications. Accordingly, the quoter should submit its most favorable terms from a price standpoint.

All quotes will be reviewed for timeliness. Timely quotes will also be reviewed for compliance to the solicitation. If the quote is not compliant with the material terms of the solicitation, it may not be evaluated and the vendor will be notified that the quote is non-responsive.

In addition to FAR 52.212-1, “Instructions to Quoters – Commercial Items and any other instructions contained elsewhere in this solicitation, the following information is provided.

Initial Quotes and any modifications thereto are to be submitted to Megan Evans, at megan.m.evans18.civ@us.navy.mil on or before the closing date and time cited elsewhere in this solicitation. Faxes, mailed, and/or responses through SAM.gov or any method other than email are NOT acceptable.

INSTRUCTIONS FOR SUBMISSIONS OF QUOTERS:

1. GENERAL:

Electronic Submissions: Quotes shall be submitted electronically no later than the due date of the solicitation via email to the Contract Specialist, Megan Evans at megan.m.evans18.civ@us.navy.mil. Quoters should include the following information in the Subject Line of their electronic submission: Quote – N0018926Q0018 – (Name of

Quoter) – Email (#) of (#). Quoters shall comply with the detailed instructions for the format and content of the

Quotes contained herein; Quotes that do not comply may be considered unacceptable and may render the Quote ineligible for award. Quoters shall respond to all requirements of the solicitation. Quoters are cautioned not to alter the solicitation.

All electronic files and versions of Quoters’ quotes shall be compatible with the current release of Adobe Acrobat and Microsoft Office Suite version 2010 (Excel). The Quoter shall be responsible for ensuring that their electronic

Quotes are virus free.

All Quote submissions and questions shall be in English.

HARD-COPY QUOTE SUBMISSIONS ARE NOT AUTHORIZED.

Quotes must be held firm for 180 days after the solicitation closing date. The completion and submission of the below items will constitute a Quote and will indicate the Quoter’s unconditional assent to the terms and conditions of this solicitation and any attachments and/or exhibits hereto. Alternate Quotes are not authorized. Objections to any of the terms and conditions of the solicitation will constitute a deficiency (see FAR 15.001), which will make the Quote unacceptable.

2. REQUIREMENT FOR QUOTE CONTENT:

A. Introduction and Purpose: This section specifies the format that Quoters shall use in this Request for Quote

(RFQ). The intent is not to restrict Quoters in the manner in which they will perform their work but rather to ensure a certain degree of uniformity in the format of the responses for evaluation purposes.

B. Quote Content:

• Request for Quote (RFQ) Number

• Name and Address of Quoter, Cage Code, DUNS and applicable Tax I.D. Number (TIN)

• Quote validity period of 180 days from solicitation closing.

• Country of Origin for all supplies including any software

• Lead time for all supplies

3. PRICE QUOTE CONTENT:

Factor I – Price

This volume shall include completed solicitation documents and additional supporting documentation described below:

1. Completed price list that provides individual pricing for each CLIN as detailed in the combined synopsis/solicitation.

2. All supplemental information to support the quoted price.

A vendor’s quoted price will be determined by adding all extended amounts for all CLIN(s) which are comprised of all items listed within the quote. All price information shall be contained in the price quote. No price information shall be included in any other section including cover letters.

mailto:megan.m.evans18.civ@us.navy.mil mailto:megan.m.evans18.civ@us.navy.mil

Option Periods. The Government will evaluate quoters for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option period prices are significantly unbalanced. Evaluation of option periods shall not obligate the Government to exercise the option periods.

Price will be evaluated in accordance with FAR Part 13.106-3 Award and documentation. The Government may evaluate any and all information submitted by the quoter to support the reasonableness of prices quoted. The method of evaluation used by the Contracting Officer is solely within the discretion of the Contracting Officer.

Additionally, the government may request quoters to submit additional information/data to support price reasonableness such as copies of paid invoices for the same or similar items or uncertified cost and pricing data.

Failure to submit the requested information may result in disqualification of the submitted quote.

The Government will award on the basis of price unless the contracting officer is aware of past performance information related to the low price quote which indicates that quote may not represent best value. In that case, the

Government reserves the right to consider the past performance of other quotes, conduct a price, past performance tradeoff, and award to other than the lowest price quote.

(End of provision)

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

Evaluation Criteria:

The Government intends to award a single Firm Fixed Price (FFP) purchase order as a result of this solicitation in accordance with FAR Part 12, Acquisition of Commercial Items and FAR Subpart 13.5, “Simplified Procedures for

Certain Commercial Items.”

Award will be made to the vendor whose quote is most advantageous to the Government under the selection criteria set forth in this solicitation. The Government intends to evaluate quotes and award a purchase order based on initial quotes. Therefore, the quoter's initial quote should contain the quoter's best terms from a Technical Approach and

Price standpoint.

The Government reserves the right to award a FFP purchase order to other than the lowest priced quoter; award a

FFP purchase order without communications; or award a FFP purchase order after communications, whichever is in the best interest of the Government.

Nothing in this provision limits the Contracting Officer’s discretion to rely on information available from other sources (e.g., past performance databases, discussions with other entities familiar with the quoter) or to use any other technique described FAR 9.1 when determining whether the quoter satisfies the FAR 9.104-1 general responsibility standards.

All quotes will be reviewed for timeliness. Timely quotes will also be reviewed for compliance to the solicitation. If the quote is not compliant with the material terms of the solicitation, it may not be evaluated and the vendor will be notified that the quote is non-responsive.

Initially, the quotes will be ranked according to price. A vendor’s quoted price will be determined by adding all extended amounts for all CLIN(s) which are comprised of all items listed within the quote. If the lowest priced vendor is evaluated to have a Factor 2 –Technical rating of “Acceptable” and the quote represents the best value for the Government the evaluation process stops at this point.

Factor 1 – Price:

The Government will award a firm-fixed-price purchase order resulting from this solicitation to the vendor whose quote is responsible, conforms to the solicitation, and is the most advantageous to the Government, with only price considered. A vendor’s quoted price will be determined by adding all extended amounts for all CLIN(s) which are comprised of all items listed within the quote

The Government will evaluate price quotes in accordance with FAR Part 13.106-3 Award and documentation. The

Government may evaluate any and all information submitted by the quoter to support the reasonableness of the cost/prices quoted. The method of evaluation used by the contracting officer is solely within the discretion of the contracting officer.

Option Periods. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option period prices are significantly unbalanced. Evaluation of option periods shall not obligate the Government to exercise the option periods.

The Government will award on the basis of price unless the contracting officer is aware of past performance information related to the low price quote which indicates that quote may not represent best value. In that case, the

Government reserves the right to consider the past performance of other quotes, conduct a price, past performance tradeoff, and award to other than the lowest price quote.

Factor 2 – Technical

Factor I will be evaluated on an Acceptable/Unacceptable basis on whether the item(s) quoted meets all of the minimum specifications identified in the solicitation. Failure to meet the minimum specifications will result in a rating of unacceptable.

Technical Rating Description

Acceptable Quote meets all of the requirements of the solicitation and minimum requirements of the SOW. All supplies and software must be sourced in a manner that it can be operated at USNA. No products, hardware or software, may originate in countries which will prohibit its use (e.g., China, Iran, etc.). The vendor shall make clear the origin of all hardware and software for assessment for the entire system at closing of solicitation.

Unacceptable Quote does not meet all of the requirement of the solicitation or minimum requirements of the SOW. Supplies and/or software is not country compliant and or is prohibited from use at USNA. The vendor did not make clear the origin of all hardware and software for assessment for the entire system at closing of solicitation.

** No refurbished items. Refurbished items are deemed unacceptable. All supplies and software shall be

Trade Agreements Act-designated countries origin compliant.**

WRITTEN NOTICE

A written notice of award or acceptance of a quote furnished to the successful quoter within the time for acceptance specified in the quote, shall result in a binding purchase order without further action by either party. Before the quote’s specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

CLAUSES INCORPORATED BY REFERENCE

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

Commercial Services

NOV 2023

52.217-5 Evaluation Of Options JUL 1990

52.217-9 Option To Extend The Term Of The Contract MAR 2000

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.247-34 F.O.B. Destination JAN 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 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

252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023

252.225-7001 Buy American and Balance of Payments Program FEB 2024

252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022

252.225-7048 Export-Controlled Items JUN 2013

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

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned

Aircraft Systems (DEVIATION 2024-O0014)

AUG 2024

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned

Aircraft Systems - Representation (DEVIATION 2024-

O0014)

AUG 2024

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea OCT 2024

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--

Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph

(d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

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

Equipment.

(b) Prohibition.

(1) 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. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) 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, 2020, from entering into a contract or extending or renewing a contract with an entity that uses 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. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror 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) Representations. The Offeror represents that--

(1) 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. The

Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) 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);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

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

COMMERCIAL SERVICES (DEVIATION 2025-O0003/ DEVIATION 2025-O0004) (OCT 2025) ALTERNATE I

(MAR 2025)

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

(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 http://www.sam.gov/

(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.

(12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(5) of this provision.)

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana

Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri

Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) [Reserved]

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $200,000.) 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) The Government will evaluate offers in accordance with the…