D01_M2900025Q0002_Yonaguni MHE Support RFQ.pdf

3rd EXPEDITIONARY CONTRACTING PLATOON (ECP)

REQUEST FOR QUOTE PURSUANT TO FAR 13

Solicitation Number / RFQ Number: M29000-25-Q-0002 Subject: Material Handling Equipment and Transportation Services

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This procurement is under Full and Open Competition under NAICS code 484110 size standard of $34.0 Million. An Offeror’s submission of a quote does not constitute a contract or authorize work to begin. This document is not legally binding and does not commit the US Government in any way.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-06 and Defense Federal Acquisition Regulations Supplement Publication Notice (DPN) 20240916.

In accordance with FAR 12.102(c), when a policy in another part is inconsistent with FAR Part 12, Part 12 shall take precedence.

52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021)

Basis for Award: The Government intends to award a contract resulting from this solicitation to the responsible offeror whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors are listed in no specific order of precedence and will be used to evaluate quotations:

Technical Price Past performance

Evaluation: The Government intends to make one aggregate award resulting from the RFQ but reserves the right to make multiple awards without discussions. The Government will make an award based on the following:

Technical: Quotes meeting all specifications outlined in this solicitation will be deemed technically capable.

Price Reasonableness: Will be conducted in accordance with FAR 13.106-3(a). The total quoted price, to include shipping costs, will be used in the price evaluation.

Past Performance: Evaluation will use procedures outlined in DFARS 204.7603 and described in provision 252.204-7024, incorporated herein.

Options (if applicable): The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

***ONLY OPEN MARKET PRICING WILL BE CONSIDERED***

Addendum to 52.212-1 Instructions to Offerors.

The Government reserves the right to make an award solely on initial quotes received. Offerors must submit their response to this RFQ via email to chris.echavarria@usmc.mil no later than the posted Response Date in this listing.

Questions will be accepted via email up to (72) hours after the posting of the RFQ. No phone questions will be accepted. The deadline is necessary to ensure timely award and the Government may, in its sole discretion, choose not to respond to questions received after the deadline. Questions will be reviewed and addressed via an amendment to the solicitation and/or posting or emailing of the Questions and Answer(s) (Q&A) document.

Quote must contain all requested line items as the contract award will be made in aggregate. Therefore, any quote received without all line items priced will be considered non-responsive.

Shipment: All materials awarded under the contract resulting from this solicitation are expected to be delivered on the date specified in this solicitation. No partial deliveries will be accepted. In order for your quote to be considered responsive, any associated prepaid shipping costs must be identified in the quote and will be evaluated as part of the overall price. The Offeror may submit a ZERO shipping cost; however, ZERO cost must also be clearly specified in the quote. Failure to fill in the required information may result in your quote being considered non-responsive by the Government.

Offerors are instructed to completely fill out the section (Offeror’s Information) below and return it along with your quote. Quotes should be valid for 90 days unless stated otherwise in the quote.

1. Offeror’s Information

COMPANY NAME: ___________________________________________________________

ADDRESS: __________________________________________________________________

CITY: _________________________________ STATE: ___________ ZIP: ______________

UNIQUE ENTITY ID:: _____________________________ CAGE CODE: _________________________

FEDERAL TAX ID NUMBER: _______________ FSC: ______________SIC: ___________

NAME AND TITLE OF QUOTER: ________________________________________________

PHONE NUMBER: _____________ E-MAIL ADDRESS: _____________________________

BUSINESS SIZE STATUS: _____________________ PRIMARY NAICS: _______________

GSA CONTRACT NUMBER (IF APPLICABLE): _________________________

ESTIMATED DELIVERY TIME: ______________ DISCOUNT TERMS: ________________

FOB Destination pricing preferred – Yonaguni, Okinawa, Japan

2. Requirement Details: Inland Transportation – Material Handling Equipment and Tractor Trailer Services -Performance Work Statement (PWS) attached.

CLIN Description

QTY

U/I Unit Price Total Price

0001 Logistics Support Services - Material Handling Equipment (MHE) - Forklift with operator with minimum 5-ton capacity to load/offload equipment. Perform services in accordance with attached Performance Work Statement (PWS).

Cargo Truck/Tractor Trailer with operator for transporting equipment.

Contractor must be authorized to perform services in the locations outlined in this RFQ and PWS attached.

Deployment Dates:

19-22 October 2024 (Deployment Window – Only Requesting

(2) Days Of Support)

(1) 5-Ton Forklift W/Operator and (1) (20 Ft) Flatbed Trailer/Cargo Truck W/Driver

Gear (MLR): (6) Quadcons With 463L Pallets At Yonaguni Airport To Camp Yonaguni

22-23 October 2024

(1) 5-Ton Forklift W/Operator Gear (CLB-12): (15) Quadcons, Re-organization of Quadcons at

The Camp Yonaguni Preposition Lot

Retrograde/Redeployment Dates:

27-30 October 2024 (Re-Deployment Window – Only

Requesting (2) Days Of Support)

(1) 5-Ton Forklift W/Operator and (1) (20 Ft) Flatbed

Trailer/Cargo Truck W/Driver Gear (MLR): (6) Quadcons With 463L Pallets From Camp

Yonaguni To Yonaguni Airport.

6 Days

Total Price:

Performance Work Statement (PWS)

Logistics Support Services Keen Sword 25 - Yonaguni

1.0 BACKGROUND

The purpose of this Performance Work Statement (PWS) is to lease (2) 5-Ton capacity forklift with extended forks with forklift operator, and (1) (20 ft) Flatbed Trailer/Cargo Truck with Driver to support transportation requirements in support of exercise Keen Sword 25 in Yonaguni, Japan.

2.0 SCOPE OF WORK:

(2) 5-ton forklifts w/operators and extended forks and (1) (20 ft) Flatbed Trailer/Cargo Truck w/Driver - extended times for loading/unloading and transporting cargo.

DATES: 19-23 October 2024, 27-30 October 2024.

LOCATION: Yonaguni Island’s JGSDF Container Storage Lot, Yonaguni Airfield, And Camp Yonaguni Gym.

DEPLOYMENT (19-22 OCTOBER 2024)

19-22 October 2024 (Deployment Window – Only Requesting (2) Days Of Support)

(1) 5-Ton Forklift W/Operator and (1) (20 Ft) Flatbed Trailer/Cargo Truck W/Driver -Gear (MLR): (6) Quadcons With 463L Pallets At Yonaguni Airport To Camp Yonaguni

22-23 October 2024

(1) 5-Ton Forklift W/Operator -Gear (CLB-12): (15) Quadcons, Re-organization of Quadcons at The Camp Yonaguni Preposition Lot

RETROGRADE (27-30 OCTOBER 2024)

27-30 October 2024 (Re-Deployment Window – Only Requesting (2) Days Of Support)

(1) 5-Ton Forklift W/Operator and (1) (20 Ft) Flatbed Trailer/Cargo Truck W/Driver -Gear (MLR): (6) Quadcons With 463L Pallets From Camp Yonaguni To Yonaguni Airport.

2.1 All equipment must be authorized to operate at the delivery location.

2.2 The Vendor will be responsible to provide enough fuel for all vehicles and equipment to be fully operational during periods of performance above.

2.3 Maintenance: The contractor shall ensure each vehicle meets or exceeds the following minimum maintenance standards at the time of acceptance and throughout the lease period:

2.3.1 Condition – Both the exterior and interior of the vehicle shall be free of excessive soil, rust, and damage. All mechanical controls shall be operative. All vehicle systems shall be operative and kept in line with manufacturer’s recommended maintenance program.

2.3.2 Safety Items – The Contractor must maintain each vehicle pursuant to local city and country safety requirements. In addition, each vehicle shall have the following operational safety features as applicable: seatbelts and personal protective equipment for the driver, headlights, reverse back-up alarm, windshield wipers, parking brake, and horn and all other required safety equipment.

2.4 The contractor is responsible for all scheduled and unscheduled maintenance of vehicles. The contractor shall provide all parts and labor necessary to complete required maintenance tasks at no additional cost to an already agreed upon/negotiated lease rate. Contractor provided parts may include, but are not limited to, wind shield wipers, tires, headlamps, filters, fluids, and lubricants. Maintenance shall be performed according to the manufacturer’s recommended maintenance schedule. If the contractor’s scheduled or unscheduled maintenance results in the Government losing use of a vehicle for more than 24 hours, the contractor shall provide a replacement vehicle of a comparable make and model for the Government to use.

2.5 Recovery/Replacement – Upon proper notification, the contractor shall recover disabled vehicles within 24 hours of notification by the Government. The contractor shall provide a replacement vehicle for all disabled vehicles at the time of recovery.

2.6 Unlimited Mileage – The government shall have unlimited mileage during the performance of the contract.

2.7 Damages – The Government shall not be responsible for acts of God that may result in damage to any vehicle (i.e. hail storms, thunderstorms etc.). In addition, the Government shall not be responsible for normal depreciation to the vehicles. For purposes of this contract, “normal depreciation” is defined as the wear and tear that can reasonably be expected to result given the vehicle’s use by equipment-laden troops in a harsh environment. Normal depreciation includes, but is not limited to, minor scratches and dents to vehicle’s exterior, minor damage to seat coverings, and the presence of dirt or sand. The Government will only be responsible for damage in excess of normal wear that results from negligence, neglect, or similar acts of the Government. All contractor claims for damage by the Government shall be submitted to the contracting officer for consideration in accordance with FAR Part 33.2.

2.8 Forklift Operator – Forklift operator shall at all times adhere to local laws and base regulations. Operators will possess on their person at all times a valid license or equal documentation that may be required by the host nation for legal operation of the vehicle in which they are assigned to operate. The government will not be providing hotel accommodations or meals to any operators throughout the duration of this requirement.

2.9 Highboy/Lowboy Tractor Trailer/Cargo Truck Transportation Services. Contactor shall provide tractor trailers/cargo trucks, prime movers, and qualified operators capable of safely transporting equipment, as required.

Contractor shall provide tractor trailers and/or cargo trucks that meet license/registration/permit/insurance requirements as per the host country regulations.

2.10 Unloading of cargo – The 5-ton forklift is requested to report to Yonaguni Island JGSDF container storage lot for the dates specified throughout this PWS and will be required to move quadcon and ISO containers weighing up to 3,700 kilograms off 463L pallets and rearrange their current positions on the container lot. The forklift operator needs to be prepared to stack 463L pallets and to move associated gear (chains, etc.). The forklift operator needs to be prepared to double stack quadcon containers if required.

3.0 PERIOD OF PERFORMANCE

Transportation equipment requested and Operators will be required to support the rearranging and transportation of U.S. Government owned equipment for a total of (6) days, no more than 12-hour shifts, starting on or about 19 October 2024 and ending on or about 30 October 2024. Precise dates will be provided to the vendor once they are solidified. Report time will be determined by the US Government Representative in advance. Notice will be provided at least one-day in advance.

4.0 DELIVERY

The Contractor shall be responsible for delivery of forklift and tractor trailer/cargo truck by the date specified in the period of performance. Forklift must also be recovered by the Contractor from the respective location at the conclusion of the performance period.

5.0 STANDARD WORK PERIOD

The maximum required time for forklift, tractor trailer/cargo truck and operators to conduct the logistics support services will not exceed (12) hours per day.

6.0 QUALITY ASSURANCE

The contractor shall, if any of the services does not conform to the contract requirements, be required by the Government to re-perform the services in conformity with the contract requirements, at no additional expense to the Government.

7.0 HOLIDAYS

The contractor may be required to work during Japanese and/or United States holiday periods.

8.0 SAFETY & SECURITY

The contractor and his/her hired employees shall be responsible for ensuring all safety driving requirements are adhered to and shall not at any time during the performance of the lease agreement place in any danger the Government passengers being transported within the leased vehicles. The Contractor is required to comply with force protection measures as directed by the US Government Representative.

9.0 POINTS OF CONTACTS AND AUTHORITIES

The U.S. Government retains the right to make changes to this Performance Work Statement, prior to contract award, based on factors that are unknown at this time. The contracting officer is the only person authorized to approve any changes to the requirements of the contract and not withstanding provisions contained elsewhere in the contract, the authority remains solely with the contracting officer. In the event the contractor effects any change at the direction of any person other than the contracting officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price as a result of the change.

10.0 CONTRACTOR NOTICE REGARDING LATE DELIVERY

In the event the contractor anticipates or encounters difficulty in complying with the delivery schedule, the contractor shall immediately notify the Contracting Officer telephonically giving full detailed reasons for the delay.

Receipt of contractor’s notice does not constitute acceptance of an alternate delivery schedule waiver of the U.S.

Government’s rights under this contract or at law.

10.0 LIABILITY

The U.S. Government accepts no liability for the actions of the contractor or his employees and agents.

11.0 JGSDF Camp Access

The contractor is responsible for all required coordination with JGSDF Camp Yonaguni authorities, to obtain base passes or Area Passes that provide appropriate access for their drivers and vehicles to military facilities. Should the contractor have difficulty obtaining the necessary passes, they must contact the Contracting Officer immediately.

12.0 EXEMPTION FROM JAPANESE TAXES.

Pursuant to the United States (U.S.) – Japan Status of Forces Agreement and the Joint Committee, the governments of the United States and Japan have agreed that the procurement in Japan of materials, supplies, equipment and services for official purposes may be exempt from certain Japanese taxes. When incorporated, DFARS Clause 225.229-7001 ‘TAX RELIEF’ stipulates that contract/order pricing shall not include the Consumption Tax.

Submission of, and/or incorporation into the contract of, your offer, certifies that pricing does not contain any cost related to the Consumption Tax. Questions concerning this matter should be directed to your local Japanese Tax Office.

13.0 PERFORMANCE REQUIREMENTS SUMMARY (PRS)

Task or Deliverable

Performance Standard

Acceptance Quality Level

Surveillance Method Performance Measure

Transportation of equipment

PWS 2.0

The performance standard will be met when the requirements for transportation of equipment using forklift support as detailed in PWS 2.0 have been accepted by the Government.

Acceptable performance has been met when 100% of the equipment has been delivered safely in accordance with PWS.

Customer feedback, Contracting Officer/Government Point of Contact surveillance or feedback of work completed

Accordance with

PWS

(End of Performance Work Statement)

THE FOLLOWING FAR AND DFAR PROVISIONS APPLY

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

(End of provision)

PROVISIONS INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1

Instructions to Offerors--Commercial Products and Commercial Services

SEP 2023

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

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

MAY 2021

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region–Representation

JUN 2023

PROVISIONS INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services— Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products 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.

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

COMMERCIAL SERVICES ALTERNATE I (MAY 2024)

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

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

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

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

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

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

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

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

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

395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

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

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

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

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

“Service-disabled veteran-owned small business (SDVOSB)” concern means a small business concern—

(1) (i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1001", means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

"Women-owned small business concern" means a small business concern--

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

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

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

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

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

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

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

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

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

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

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

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

(3) 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) 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) 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.

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) 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) 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:

Line Item No. Country of origin

Exceeds 55% domestic content

(yes/no)

[List as necessary]

(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…