Combined Sysnopsis rev2.pdf

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POM Test Stand
Solicitation number
H9223925Q0002
Issued by

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This is a combined synopsis/solicitation (RFQ H92239-25-Q-0002) issued by the United States Special Operations Command for annual calibration services, maintenance, repairs, and training for Phantom Parachutist Oxygen Mask (POM) test stands at multiple locations. The contract requires on-site servicing of 21 Phantom Test Stands across 15 locations including Joint Base Lewis-McChord WA, Fort Liberty NC, Fort Campbell KY, Eglin FL, Fort Carson CO, Stuttgart Germany, Okinawa Japan, Fort Moore GA, Camp Dawson WV, Salt Lake UT, Birmingham AL, Fort Belvoir VA, Austin TX, and Yuma AZ.

The contract includes a 12-month base period beginning December 12, 2024 with one 12-month option period. The contractor must be an authorized service provider for Carleton Technologies' Phantom Parachutist Oxygen System (P/N B47463-3). The NAICS code is 811210 (Electronic and Precision Equipment Repair and Maintenance) with a size standard of 34 million employees. Quotes must be submitted by December 6, 2024 at 10:00 AM EST. Award will be made on a Lowest Price Technically Acceptable (LPTA) basis. The contractor must provide all personnel, equipment, supplies, transportation, tools, materials and supervision necessary for calibration, maintenance, training and repair services as specified in the Performance Work Statement.

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H92239-25-Q-0002

(i) This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being required and a written solicitation will not be issued.

(ii) The solicitation number is H92239-25-Q-0002 and is issued as Request for Quote (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2024-06, effective date July 30,2024.

(iv) The associated North American Industrial Classification System (NAICS) code for this procurement is 811210, “Electronic and Precision Equipment Repair and Maintenance”, with a large business size standard of 34 million employees. This solicitation is issued under Federal Acquisition Regulation (FAR) Part 13, Simplified Acquisition Procedures and FAR Part 12 Acquisition of Commercial Products and Commercial Services.

(v) Prices shall be listed for each Contract Line Items number (CLIN) 0001 (0001AA - 0001AQ), 0003, 1001 (1001AA – 1001AQ), and 1003 of this RFQ. The following is a list of the associated CLINS.

ITEM

NO

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

Annual Calibration of POM Test Stand

FFP

The Contractor shall provide on-site service of the Phantom Test Stand (PTS) as listed in this Performance Work Statement (PWS).

MARK SHIPMENT FOR:

NET AMT

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

0001AA 1 Each Joint Base Lewis McChord, WA

FFP

Service of one (1) Phantom located at 1st SFG (A).

FOB: Destination

PSC CD: J052

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

0001AB 1 Each Fort Liberty, NC

FFP

Service of one (1) Phantom located at 3rd SFG (A).

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

0001AC 1 Each Fort Campbell, KY

FFP

Service of one (1) Phantom located at 5th SFG (A).

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

0001AD 1 Each Eglin, FL

FFP

Service of one (1) Phantom located at 7th SFG (A).

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

0001AE 1 Each Fort Carson, CO

FFP

Service of one (1) Phantom located at 10th SFG (A).

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

0001AF 2 Each Stuttgart, Germany

FFP

Service of two (2) Phantom located at 1st BN, 10th SFG (A).

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

0001AG 2 Each Okinawa, Japan

FFP

Service of two (2) Phantom located at 1st BN, 1st SFG (A) FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

0001AH 2 Each Fort Moore, GA

FFP

Service of two (2) Phantom located at RSTB.

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

0001AJ 1 Each Camp Dawson, WV

FFP

Service of one (1) Phantom located at 2nd BN, 19th SFG (A).

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

0001AK 1 Each Salt Lake, UT

FFP

Service of one (1) Phantom located at 19th SFG (A).

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

0001AL 1 Each Birmingham, AL

FFP

Service of one (1) Phantom located at 20th SFG (A).

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

0001AM 1 Each Fort Belvoir, VA

FFP

Service of one (1) Phantom located at USASOC ACE.

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

0001AN 1 Each Austin, TX

FFP

Service of one (1) Phantom located at 197th STSC (A).

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

0001AP 3 Each Fort Liberty, NC

FFP

Service of three (3) Phantom located at USASOC ACE.

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

0001AQ 2 Each Yuma, AZ

FFP

Service of two (2) Phantom located at B CO, 2nd BN, 1st SWTG (A).

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

0002 Lot Annual Calibration Maint & Repair

FFP

Phantom Test Stand and Parachute Oxygen Mask Maintenance and Repair.

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

0003 3 Each Training

FFP

Phantom Test Stand and Parachute Oxygen Mask Training. The contractor will train and certify service members with three training classes per period of performance, teaching services members on all oxygen training modules offered.

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

0004 Lot Travel

FFP

Travel is in accordance with the Joint Travel Regulation (JTR) and must be preapproved by the COR. Contractor shall provide all travel receipts for review by the COR.

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

Annual Calibration of POM Test Stand

FFP

The Contractor shall provide on-site service of the Phantom Test Stand (PTS) as listed in this Performance Work Statement (PWS).

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

1001AA 1 Each Joint Base Lewis McChord, WA

FFP

Service of one (1) Phantom located at 1st SFG (A).

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

1001AB 1 Each Fort Liberty, NC

FFP

Service of one (1) Phantom located at 3rd SFG (A).

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

1001AC 1 Each Fort Campbell, KY

FFP

Service of one (1) Phantom located at 5th SFG (A).

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

1001AD 1 Each Eglin, FL

FFP

Service of one (1) Phantom located at 7th SFG (A).

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

1001AE 1 Each Fort Carson, CO

FFP

Service of one (1) Phantom located at 10th SFG (A).

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

1001AF 2 Each Stuttgart, Germany

FFP

Service of two (2) Phantom located at 1st BN, 10th SFG (A).

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

1001AG 2 Each Okinawa, Japan

FFP

Service of two (2) Phantom located at 1st BN, 1st SFG (A) FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

1001AH 2 Each Fort Moore, GA

FFP

Service of two (2) Phantom located at RSTB.

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

1001AJ 1 Each Camp Dawson, WV

FFP

Service of one (1) Phantom located at 2nd BN, 19th SFG (A).

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

1001AK 1 Each Salt Lake, UT

FFP

Service of one (1) Phantom located at 19th SFG (A).

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

1001AL 1 Each Birmingham, AL

FFP

Service of one (1) Phantom located at 20th SFG (A).

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

1001AM 1 Each Fort Belvoir, VA

FFP

Service of one (1) Phantom located at USASOC ACE.

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

1001AN 1 Each Austin, TX

FFP

Service of one (1) Phantom located at 197th STSC (A).

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

1001AP 3 Each Fort Liberty, NC

FFP

Service of three (3) Phantom located at USASOC ACE.

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

1001AQ 2 Each Yuma, AZ

FFP

Service of two (2) Phantom located at B CO, 2nd BN, 1st SWTG (A).

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

1002 Lot Annual Calibration Maint & Repair

FFP

Phantom Test Stand and Parachute Oxygen Mask Maintenance and Repair.

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

1003 3 Each Training

FFP

Phantom Test Stand and Parachute Oxygen Mask Training. The contractor will train and certify service members with three training classes per period of performance, teaching services members on all oxygen training modules offered.

FOB: Destination

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

1004 Lot Travel

FFP

Travel is in accordance with the Joint Travel Regulation (JTR) and must be preapproved by the COR. Contractor shall provide all travel receipts for review by the COR.

FOB: Destination

(vi) This requirement is for Phantom Parachutist Oxygen Mask (POM) test stand to be utilized to check performance of the military free-fall mask on periodic basis. These test stands must be tested on an annual basis to ensure the mask is operating as intended. The POM test stand is a unique piece of equipment that tests the POM Mask, and the Test Stand must be calibrated by the Original Equipment Manufacturer (OEM). The offeror shall provide annual inspection/calibration services, repairs, trainings, and travel cost to all the different locations

IAW PWS.

(vii) The period of performance consists of a base year of 12 months and one 12-months options.

Performance is estimated to begin on 12 December 2024. The work to be performed under this requirement shall be accomplished at fifteen (15) locations and twenty-one (21) Phantom Test Stand (PTS) as below:

1st SFG (A), Joint Base Lewis McChord, WA

3rd SFG (A), Fort Liberty, NC

5th SFG (A), Fort Campbell, KY

7th SFG (A), Eglin, FL

10th SFG (A), Fort Carson, CO

1st BN, 10th SFG (A), Stuttgart, Germany (this unit has 2 PTS)

1st BN, 1st SFG (A), Okinawa, Japan (this unit has 2 PTS)

RSTB, Fort Moore, GA (this unit has 2 PTS)

2nd BN, 19th SFG (A), Camp Dawson, WV

19th SFG (A), Salt Lake, UT

20th SFG (A), Birmingham, AL

USASOC ACE, Fort Belvoir, VA

197th STSC (A) Austin, TX

USASOC ACE, Fort Liberty, NC (this unit has 3 PTS)

B CO, 2nd BN, 1st SWTG (A), Yuma, AZ (this unit has 2 PTS)

(viii) The provision at FAR 52.212-1, Instruction to Offerors- Commercial Products and Commercial Services, applies to this acquisition with an addendum to the provision.

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

SERVICES (SEP 2023)

ADDENDUM TO FAR CLAUSE 52.212-1, INSTRUCTIONS TO OFFERORS-COMMERICAL

PRODUCTS AND COMMERCIAL SERVICES

1) Replace paragraph (b) entitled “Submission of Offerors” with the following instructions:

(b) Submit signed and dated quote at or before the date specified in this solicitation. Failure to provide all required documents or information may exclude the Offerors from further consideration. Only signed quotes submitted will be accepted. Offers shall be submitted electronically to the Contract Specialist, Chuyon Ku at chu.y.ku.civ@socom.mil and the Contracting Officer, Brian Gilmore at brian.gilmore1@socom.mil.

This is an electronic solicitation release. No hard copies will be mailed. Amendments to the solicitation will be posted to System for Award Management at https://sam.gov . It is the responsibility of each Offeror to review the webpage for notice of amendments, updates, or changes to current information.

Quotes shall contain the following sequential order:

a. Quotes shall be submitted electronically. As a minimum, quotes must show –

(1) The solicitation number;

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

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

(4) A technical description and detailed understanding of the services being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. To ensure that sufficient information is available for technical evaluation, the Offeror shall furnish descriptive material (technical information, brochures, drawings, or other information) necessary for the purchasing activity to determine whether the service offered meets the salient characteristics of the requirement. Offerors not providing technical information may be excluded from competition.

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

2) Replace paragraph (c) entitled “Period for acceptance of offers” with the following instructions:

Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 days from the date specified for receipt of quotes.

3) Replace paragraph (e) entitled “Multiple offers” with the following instructions:

(e) Multiple quotes. Offerors should submit only one quote presenting the terms and conditions or commercial items for satisfying the requirements of this solicitation.

Award will be made to the responsive, responsible Offeror whose quote conforms to this solicitation and is the “Lowest Priced Technically Acceptable” (LPTA) to the Government. The quote shall be no more than 5 pages (8.5 x 11 inch paper, Times New Roman, 10 font minimum, MS Word 2010 or earlier) and the following evaluation factors in descending order of importance will be used to evaluate offers:

1.) Technical Acceptability

2.) Price

Factor 1: Technical Acceptability: The Offeror shall provide:

Technically acceptability: The Offeror shall provide a quote for annual inspection/calibration services, trainings, and travel cost listed above IAW PWS. Technical acceptability will be determined by the Government during technical review. The vendor shall provide valid proof of its factory authorization with Carleton Technologies’, Inc (DBA Mission Systems Orchard Park INC) to be an authorized service provider for Phantom Parachutist Oxygen System (P/N B47463-3). Any presented certifications shall

NOT count against the page limit. Offerors not providing technical information may be excluded from competition.

Factor 2: Price: The Offeror shall provide:

Pricing: The Offeror shall provide its proposed pricing in accordance with the CLIN structure in this combined synopsis/solicitation. The Offeror shall also include a total proposed price by adding all the CLINs together. An Offeror’s proposed prices will be determined by multiplying the quantities identified in the schedule by the proposed unit price for each CLIN to confirm the extended amount for each. All extended CLIN amounts will be totaled for evaluation purposes. Individual pricing for each line must be completed. Price will be evaluated for reasonableness. Reasonableness will be determined based on prices submitted by the competition, current market conditions, and comparison to the Government estimate, if applicable. If the Government deems this information is not sufficient to determine reasonableness, the Government may use other techniques as appropriate to determine price reasonableness for the acquisition.

Acknowledgment of Solicitation Amendments. The Offeror must submit a statement to acknowledge solicitation amendments, if applicable.

Representations and Certifications. The Offeror must complete and submit the required representations and certifications in accordance with FAR 52.212-3 Alt I and DFARS 252.212-7000.

3) Replace paragraph (g) entitled “Contract Award (not applicable to Invitation for Bids) with the following instructions:

(g) Contract award (not applicable to Invitation for Bids). Quotes shall contain the Offeror’s best technical and price terms. The Government intends to evaluate quotes and award a contract without discussions. Therefore, the Offeror’s initial quote should contain its best terms from a price and technical standpoint. The Contracting Officer will not negotiate with any Offerors other than those of the Government's choice and will not use the formal source selection procedures described in FAR Part 15. The Government may reject any or all quotes if such action is in the public interest;

accept other than the lowest quote; and waive informalities and minor irregularities in quotes received.

4) Replace paragraph (h) entitled “Multiple awards” with the following instructions:

(h) Multiple awards. The Government will award on an "all or none" basis.

All questions should be directed to Mrs. Chuyon Ku at chu.y.ku.civ@socom.mil and Mr. Brian Gilmore at brian.gilmore1@socom.mil. Only one (1) quote from the Offeror will be accepted. Offeror’s quote should be submitted via email. Quotes must be submitted and received NLT 06 December 2024, 10:00 AM EST. It is the responsibility of the Offeror to ensure quotes are received.

(End of provision)

52.212-2 ADDENDUM TO, EVALUATION--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

mailto:chu.y.ku.civ@socom.mil mailto:brian.gilmore1@socom.mil

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

1) Technical Acceptability

2) Price

1.0 BASIS FOR AWARD –

1.1 Basis of Award: A Lowest Price Technically Acceptable (LPTA) approach will be used; the evaluation criteria are described herein. The Government will award a contract resulting from this acquisition upon its determination that the offer meets all deliverables described herein. The policies and procedures under the Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, in conjunction with FAR Subpart 13, Simplified Acquisition Procedures, will be utilized for this procurement. The Government will award a contract resulting from this solicitation to the responsible Offeror whose quote conforming to the solicitation will be most advantageous to the Government.

1.2 The Government's technical evaluation team will evaluate the quote to determine if it is either Technically Acceptable or Technically Unacceptable (price excluded). In order to be considered Technically Acceptable, the quote for each factor must be determined Acceptable. Failure to meet the criteria will render the quote to be Technically Unacceptable and will not be considered for award.

1.3 The Government will evaluate the quote in accordance with this solicitation and will not assume that performance will include areas not specified in the Offeror's submission.

1.4 The Government intends to award the contract without discussions. Therefore, the quote should contain the Offeror's best terms from Technical Capability and Price Reasonableness standpoint.

Additional oral or written information from the Contractor may be requested. The Government reserves the right to conduct discussions. If a revised quote is requested, it will be evaluated against the same criteria as was the initial quote.

EVALUATION CRITERIA:

The Government will use the criteria set forth below to evaluate and select the awardee. Evaluation criteria consisting of two (2) evaluation factors. Quotes will be evaluated under the following evaluation factors:

Factor 1: Technical Acceptability Factor 2: Price

Assigning Ratings: All factors will be assigned one of the ratings defined below. To be considered technically acceptable, Offerors must demonstrate the capability to provide the required equipment within the two-week delivery timeframe. The Government will not roll up factors for an overall Factor 1 rating.

In order to be considered for award, there must be an “acceptable” rating in every factor.

Ratings Description

Acceptable Quote clearly meets the minimum requirements of the solicitation.

Unacceptable Quote does not clearly meet the minimum requirements of the solicitation.

Factor 1 - Technically Acceptability. The Offeror’s quote will be evaluated to ensure that all services are those specified in the CLINs.

Factor 2 - Price. As authorized under FAR Subpart 13, simplified procedures will be used to evaluate quotes and award the contract. Price shall be quoted in accordance with the CLIN(s) structure (0001-0003 and 1001-1003) provided, in the event an award is made. The Government will roll-up CLIN prices into an overall total price for the overall evaluated price. The unit price shall include a firm fixed price for each priced CLIN. Quotes shall remain valid for a minimum of 30 days. The Government intends to award a contract based on contractor’s responsibility and determination of a fair and reasonable price.

CLAUSES INCORPORATED BY REFERENCE

52.201-1 Acquisition 360: Voluntary Survey SEP 2023 52.203-3 Gratuities APR 1984 52.204-7 System for Award Management OCT 2018 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 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-29 Federal Acquisition Supply Chain Security Act Orders-- Representation and Disclosures.

DEC 2023

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

NOV 2023

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024 52.223-22 Public Disclosure of Greenhouse Gas Emissions and

Reduction Goals -- Representation.

DEC 2016

252.201-7000 Contracting Officer's Representative DEC 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

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements

NOV 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023

252.204-7024 Notice on the Use of the Supplier Performance Risk System

MAR 2023

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7005 Identification Of Expenditures In The United States JUN 2005 252.225-7041 Correspondence in English JUN 1997 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System

JAN 2023

252.246-7008 Sources of Electronic Parts JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (MAY 2024)

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

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

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

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

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

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or https://www.sam.gov/

(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.] http://www.sam.gov/

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

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

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

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

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

(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(5) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1001.

(6) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

(9) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(10) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

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

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

and

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

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

(1) Previous Contracts and Compliance. The offeror represents that--

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

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

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

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

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

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

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

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

(2) Foreign End Products:

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

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No.

[List as necessary]

(4) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

(B) The terms "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product,'' "commercially available off-the-shelf (COTS) item,'' "critical component,'' "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."

Free Trade Agreement Country End Products (Other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of origin

[List as necessary]

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no''.

Other Foreign End Products:

Exceeds 55% domestic content (yes/no)

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

Line Item No.

[List as necessary]

(v) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Israeli End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraphs (g)(1)(i)(B) and (g)(1)(ii)for paragraphs (g)(1)(i)(B) and (g)(1)(ii) of the basic provision:

(g)(1)(i)(B) The terms "Korean end product", "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements-- Israeli Trade Act."

(g)(1)(ii) The Offeror certifies that the following supplies are Korean end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act":

Korean End Products or Israeli End Products:

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements".

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

Line Item No. Country of origin

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2)for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required.

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