Combined Synopsis-Solicitation - scale out storage 23 Mar 2023.docx

SOLICITATION NO. N00173-23-Q-GD02

COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation documents and incorporated provisions are those in effect through Federal Acquisition Circular 2023-02 and NMCARS 18-22.

General Information

Arthur Rego, Contracting Officer

All changes to this solicitation that occur prior to the closing date will be issued via amendment posted to the announcement on Contract Opportunities (sam.gov). It is the responsibility of interested vendors to monitor the announcement for amendments that may be issued to this solicitation. For changes made after the closing date, only those quoters that provide a quote will be provided any changes/amendments and considered for future discussions and/or award.

Questions must be submitted to the Point(s) of Contact listed above no later than three (3) days after the Posted Date.

Requirement Information The Naval Research Lab (NRL) in Washington, DC has a requirement for the procurement of scale out storage hardware with associated services.

The anticipated line item structure is as follows:

TOTAL PRICE

The Quoter shall provide products that meet or exceeds the below specification requirements. Quotes shall be detailed enough to allow for a technical evaluation to validate that ALL the below requirements have been met by the proposed product(s). A quote not sufficiently addressing each required technical element below may be rejected as non-compliant.

SPECIFICATION

General Characteristics

· All components must fit in a single 42 u rack

· All equipment must not exceed 1075mm in depth and must fit in a single 1200mm deep rack.

· Anticipated power draw must not exceed 7500W running and 12,000W on initial boot.

· Anticipated cooling not to exceed 15,000 BTU/Hr

· All equipment shall comply with FAR clauses 52.204-24 and 52.204-25 Section 889 Part B - Prohibited Telecom guidance.

Virtualization Servers: (Quantity 6) Specifications below are per server.

· Systems must be supported for at least 5 years from date of delivery for firmware updates, security patches, drivers, and software necessary for functionality.

· System must be functionally and operationally complete including hardware, necessary power cables, and support agreements.

· One (1) AMD 32 Core, 64 Thread CPU with a minimum clock speed of 2.6Ghz, or equivalent processor.

· Minimum 256 GB of DDR4/DDR5 memory with expandability to at least 512GB of total system memory

· Two (2) 480GB Boot Optimized Storage SSD Hard Disks in Raid 1

· Six (6) 1.9TB or larger Solid State Hard Disks

· Two (2) 2 port SFP28 25Gbps Network Interface Cards (4 ports total)

· One (1) out of band management interface, iDRAC Enterprise, ILO Advanced, or equivalent, using use RJ-45/ CAT5/CAT6 connectivity.

· One (1) VGA interface

· At least one (1) front-facing USB-A port and two (2) rear-facing USB-A ports

· Selected server model must be certified for Red Hat Enterprise Linux 8[footnoteRef:1] and VMWare[footnoteRef:2] vSphere 7 update 3 Operating Systems. Hardware not on the approved hardware list for both operating systems will not be considered, links have been provided in the footnotes to the approved hardware lists for both platforms. [1: https://catalog.redhat.com/hardware/search?type=Server ] [2: https://www.vmware.com/resources/compatibility/search.php?deviceCategory=server ]

· Redundant Power Supplies (N+1), must operate on 208V power, and be rated at least 90% efficient. Not to exceed two (1) 1000W power supplies per server.

· Include a 1 meter (3 foot) or 2 meter (6 foot) NEMA C13 to C14 power cable.

· Warranty/Support agreement terms:

· 5-year 4-hour onsite support response time warranty with defective media retention

· U.S. Citizen Support technicians must be onsite within 4 hours of a support call.

· Provide documentation of parts warehouse and support personnel within a 4 hour radius of Stennis Space Center, MS 39529.

· 5 Years of US based Support (US citizen on US soil for technical support)

· Phone support 24X7

· Call back within 15 minutes – level 1 issues

· Call back within 1 hour – level 2 and 3 issues

· On-site support 24X7

· Cleared engineer onsite within 4 hours

· Physical space limits:

· Rack space is limited to 2u per server.

· Systems must weigh less than 60 lbs/Rack U.

· Rack-mount rails for a square-hole rack must be included.

· Security Requirements

· FIPS 140-2 and/or 140-3 Compliant software and Trusted Platform Module (TPM) 2.0 installed

· Proposed systems must support UEFI secure boot

· All components/firmware digitally signed and verified with FIPS compliant algorithms.

· Implement a hardware root of trust to validate that all firmware code is valid and uncompromised.

· Implement Secure Recovery – Recover critical firmware to a known good state on detection of compromised firmware.

· Include the ability to roll-back firmware.

· Documentation Requirement

· Vendor shall provide documentation regarding proposed solutions power and cooling requirements to include at a minimum

· The minimum and maximum weight of the system.

· Input voltages supported, rated input electrical current and voltage based on power supplies in the server specifications

· Operating and non-operating temperature ranges

· Operating and non-operating humidity ranges

· Vendor shall provide documentation regarding equipment safety, not all of the below listed examples will apply to all systems.

· Emissions classification Regulatory Information (if applicable to the system)

· Underwriters Laboratories (UL) Certifications

· FCC Emissions Safety Labels and Certifications

· The prospective vendor will provide a digital (PDF preferred) copy of the user manual, setup and installation manual, maintenance manuals, and any other available manuals to aid in technical capabilities review.

· Documentation regarding support contract terms and conditions.

· If available vendors must provide an end of sale date and end of life/end of support date.

Storage Servers: (Quantity 5) Specifications below are per server.

· Systems must be supported for at least 5 years from date of delivery for firmware updates, security patches, drivers, and software necessary for functionality.

· System must be functionally and operationally complete including hardware, necessary power cables, and support agreements.

· Two (2) Intel Xeon Gold 6240, 18 core, 36 thread processors 2.6Ghz or equivalent

· One (1) Terabyte memory configured as 16 x 64GB memory modules

· Must support 60 Large Form Factor (3.5”) SAS Hard Disks. All drive bays must be hot swappable and accessible from the front of the chassis.

· Must include at least fifty-eight (58), twenty terabyte (20TB) SAS Hard Disks

· Must include two (2) 1.9TB NVME SSD boot devices

· Raid controllers must be included to support the configuration of all or a subset of the hard drives in RAID 1, RAID 5, RAID 6, RAID 50, RAID 60, and as individual disks (JBOD) configurations.

· Two (2) 2 port SFP28 25Gbps Network Interface Cards (4 ports total)

· Four(4) short range fiber optic SFP28 transceivers

· One (1) out of band management interface, iDRAC Enterprise, ILO Advanced, or equivalent, using use RJ-45/ CAT5/CAT6 connectivity.

· One (1) VGA interface or appropriate adapters to support VGA.

· At least one (1) front-facing USB-A port and two (2) rear-facing USB-A ports

· Selected server model must be certified for Red Hat Enterprise Linux 8[footnoteRef:3] Hardware not on the approved hardware list link provided in the footnotes will not be considered. [3: https://catalog.redhat.com/hardware/search?type=Server ]

· Redundant Power Supplies (N+1 or greater), must support 208V input power, and be rated at least 90% efficient.

· Include a 1 meter (3 foot) or 2 meter (6 foot) NEMA C13 to C14 or NEMA C19 to C20 power cords.

· Warranty/Support agreement terms:

· 5-year 4-hour onsite support response time warranty with defective media retention

· U.S. Citizen Support technicians must be onsite within 4 hours of a support call.

· Provide documentation of parts warehouse and support personnel within a 4 hour radius of Stennis Space Center, MS 39529.

· 5 Years of US based Support (US citizen on US soil for technical support)

· Phone support 24X7

· Call back within 15 minutes – level 1 issues

· Call back within 1 hour – level 2 and 3 issues

· On-site support 24X7

· Cleared engineer onsite within 4 hours

· Physical space limits:

· Rack space limit of 4 Rack U per server.

· Systems must weigh less than 60Lbs/Rack U.

· Rack-mount rails for a square-hole rack must be included.

· Security Requirements

· FIPS 140-2 and/or 140-3 Compliant software and Trusted Platform Module (TPM) 2.0 installed

· Proposed systems must support UEFI secure boot

· All components/firmware digitally signed and verified with FIPS compliant algorithms.

· Implement a hardware root of trust to validate that all firmware code is valid and uncompromised.

· Implement Secure Recovery – Recover critical firmware to a known good state on detection of compromised firmware.

· Include the ability to roll-back firmware.

· Documentation Requirement

· Vendor shall provide documentation regarding proposed solutions power and cooling requirements to include at a minimum

· The minimum and maximum weight of the system.

· Input voltages supported, rated input electrical current and voltage based on power supplies in the server specifications

· Operating and non-operating temperature ranges

· Operating and non-operating humidity ranges

· Vendor shall provide documentation regarding equipment safety, not all of the below listed examples will apply to all systems.

· Emissions classification Regulatory Information (if applicable to the system)

· Underwriters Laboratories (UL) Certifications

· FCC Emissions Safety Labels and Certifications

· The prospective vendor will provide a digital (PDF preferred) copy of the user manual, setup and installation manual, maintenance manuals, and any other available manuals to aid in technical capabilities review.

· If available vendors must provide an end of sale date and end of life/end of support date.

Rack and Accessories (Quantity 1)

· Vendor shall provide one (1) 600mm x 1200mm square-hole rack with front and back doors and side panels.

· Vendor shall provide a 16 port Keyboard, Video, Mouse (KVM) and 18 inch or larger Rack mount monitor. Both solutions should not exceed 2U in height. KVM shall support USB forwarding and/or smart card forwarding to enable smart card authentication for connected services. KVM and rack mount monitor must be functionally and operationally compatible with vendor proposed server solutions.

Shipping and Delivery of Equipment

· Proposals must include shipping costs with FOB Destination.

· NRL will provide a forklift for unloading equipment.

· Deliveries must be scheduled 24 hours in advance to permit gate passes to be submitted.

Delivery and Other Requirement Information

Contract Number: TBD

ATTN: TBD

CODE: 7342

LOCATION:

Naval Research Laboratory 1005 Balch Blvd Stennis Space Center, MS 39529

Inspection / Acceptance

Destination - All items delivered under this action will be inspected/accepted by the Government within ten (10) days of delivery.

Quotation Submission Information

(a) Submission: Quotations shall be submitted electronically via email to the Point(s) of Contact by the Response Date/Time identified in the General Information Section above. A confirmation of receipt will be provided, but it is the sole responsibility of the quoter to ensure that its response is received in its entirety and in a timely manner.

(b) Quote Requirements: Quoters shall provide a quote with their proposed products and pricing, along with product literature for the items being quoted so that compliance with the specifications can be evaluated. The quote shall also include:

1. Description of standard commercial warranty and any extended warranty (if not described in the Quoter’s standard terms and conditions). Any warranty information will be included in the contract by addendum.

2. If shipping is not priced as a separate line item, a statement that shipping is included in the overall price of the items.

(c) Company Information: The Quoter shall ensure the following information is submitted:

· Company Name

· Address

· CAGE / UEID Number

· Web Page URL

· Company point of contract, phone # and email

(e) System for Award Management (SAM): Quoters must be registered in SAM (www.sam.gov) in order be considered for award. Quoters shall complete all fill-in provisions, including FAR 52.212-3, Quoter Representations and Certifications-Commercial Items, included in full-text below. This provision requires the completion of reps and certs in SAM with the completion of paragraph (b) of the provision. If the Quoter has not completed the annual representations and certifications electronically in SAM, the Quoter shall complete only paragraphs (c) through (v) of this provision.

Evaluation and Basis for Award

(a) Award will result from the technically acceptable quote with the lowest evaluated price (Lowest Price Technically Acceptable (LPTA)). A Quoter must receive a rating of Low Risk or Neutral for past performance in order to be considered for award.

The Government reserves the right to award with limited exchanges to clarify certain aspects of quotes; however, the Government anticipates making award without discussions. The following factors shall be used to evaluate quotes:

1. Technical Acceptability:

· Acceptable: Quote meets the minimum requirements of the solicitation

· Not Acceptable: Quote does not meet the minimum requirements of the solicitation

2. Supplier’s Past Performance

· IAW DFARS 252.213-7000, the contracting officer shall consider data available in the statistical reporting module of the Supplier Performance Risk System (SPRS) regarding the supplier’s past performance history for the PSC and/or NAICS of the supplies being purchased.

· Ratings:

· Acceptable:

· Low Risk: SPRS Supplier Risk Score of Blue, Purple, or Green, indicating a higher score in SPRS and are therefore, considered to have a lower risk of poor contract performance

· Neutral: In the case of a supplier without a record of relevant past performance history in SPRS for the NAICS or PSC of the supplies being purchased, the supplier may not be evaluated favorably or unfavorably for its past performance history.

· Not Acceptable:

· High Risk: SPRS Supplier Risk Score of Yellow or Red, indicating a lower score in SPRS and are therefore, considered to have a higher risk of poor contract performance

3. Price Reasonableness

The Government anticipates making a determination of fair and reasonable price based on competitive quotes. If only one response is received, the Government may use other methods as described at 13.106-3(a)(2).

(b) Award on Initial Responses; Exchanges with Best-Suited Contractor: The Government anticipates selecting the best-suited contractor from initial responses, without engaging in exchanges with vendors. Vendors are strongly encouraged to submit their best technical solutions and price in response to this RFQ. However, the Government may engage in limited exchanges to clarify certain aspects of quotes. Once the Government determines the contractor that is the best-suited (i.e., the apparent successful contractor), the Government reserves the right to communicate with only that contractor to address any remaining issues and revise quotes, if necessary, and finalize an award with that contractor. These issues may include technical and price. If the parties cannot successfully address any remaining issues, as determined in the sole discretion of the Government, the Government reserves the right to conduct exchanges with the next best-suited contractor and address any remaining issues and revise quotes, if necessary, and finalize an award with that contractor.

Applicable Provisions / Clauses All clauses and provisions can be found on the following websites:

· Federal Acquisition Regulation (FAR) – https://www.acquisition.gov/browse/index/far

· Defense Federal Acquisition Regulation Supplement (DFARS) – https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

· https://www.acq.osd.mil/dpap/dars/class_deviations.html

· Navy Marine Corps Acquisition Regulation Supplement (NMCARS) - https://www.secnav.navy.mil/rda/DASN-P/Pages/NMCARS.aspx

The current, at time of award, version of the following clauses will be incorporated into the resultant award:

Addenda to FAR 52.212-4 Contract Terms and Conditions-Commercial Items (DEC 2022)

AUTHORIZED GOVERNMENT REPRESENTATIVE

Authorized Government Representative (AGR) for Inspection and Acceptance- *, Code *, Telephone number *, email: *@nrl.navy.mil. *To be completed at award

The following provisions are applicable to this solicitation:

Quoters shall submit full text provisions with any required fill-ins with its quote.

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 or 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) Representation. 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.

(End of provision) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that–

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (DEC 2022), Alternate I (OCT 2014)

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

(a) Definitions. As used in this provision— "Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

Forced or indentured child labor means all work or service—

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

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

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

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

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

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

(6) Have been voluntarily suspended."Sensitive technology"— Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business 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 veteransor, 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—

(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 with13 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 at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

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

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

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

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

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

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

(3) Service-disabled veteran-owned small business 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 as part of its offer that—

(i) It □ is, □ is not a service-disabled veteran-owned small business concern; or (ii)It □ is, □ is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(4) 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 124.1002.

(5) 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.

(6) 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: __.]

(7) 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: __.]

(8) 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.

(9) 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:____________________________________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Representations required to implement provisions of Executive Order11246-

(1) Previous contracts and compliance. The offeror represents that-

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of…