Attachment 1 FA462022QA145 REV 2.pdf

COMBINED SYNOPSIS/SOLICITATION

FY22 DORM CAMERA SYSTEMS

FA462022QA145 REV2

This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) 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.

The Request for Quotation (RFQ) number FA462022QA145 REV 2 FY22 DORM CAMERA SYSTEMS shall be used to reference any written quote provided under this RFQ.

The following solicitation document, incorporated provisions, and clauses are in effect through Federal Acquisition Circular FAC 2022-07; Effective 10 August 2022.

This acquisition will be solicited as a 100% total set-aside for small business and will utilize the North American Industry Classification System (NAICS) code 334220 with a size standard of 1,250 people and a product service code (PSC) of 5810. All prospective offerors must be registered in the System for Award Management (SAM) at www.SAM.gov. Lack of SAM registration will make an offeror ineligible for award. The Unit Small Business Specialist is Mr.

Michael Gilbert, (509) 247-4880; link to USAF Small Business, http://www.airforcesmallbiz.af.mil; link to Small Business Administration (SBA), http://sba.gov.

The purpose of this combined synopsis and solicitation is for the purchase and delivery of Brand Name PELCO cameras, mounts, storage, and ancillary installation services in accordance with the attached Statement of Work (SOW).

“Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.”

The contract CLIN structure is detailed below:

ITEM NO DESCRIPTION QTY UNIT UNIT PRICE TOTAL

AMOUNT

BLDG 1250 BRAND

NAME PELCO CAMERA

SYSTEMS (OPTION)

1 LOT

The Contractor shall furnish all BRAND NAME PELCO cameras, mounts, and ancillary installation services for BLDG1250 IAW Attachment 1 Statement of Work Appendix B.

Period of Performance: 60 Days ARO

FFP

FOB: DESTINATION

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Attachment 1 FA462022QA145 REV 2 http://www.sam.gov/ http://www.airforcesmallbiz.af.mil/ http://sba.gov/

ITEM NO DESCRIPTION QTY UNIT UNIT PRICE TOTAL

AMOUNT

BLDG 2257 BRAND

NAME PELCO CAMERA

SYSTEMS(OPTION)

1 LOT

The Contractor shall furnish all BRAND NAME PELCO cameras, mounts, and ancillary installation services for BLDG 2257 IAW Attachment 1 Statement of Work Appendix C.

Period of Performance: 60 Days ARO

FFP

FOB: DESTINATION

BLDG 2259

BRAND NAME PELCO

CAMERA

ancillary installation services for BLDG 2259 IAW Attachment 1 Statement of Work Appendix D

Period of Performance: 60 Days ARO

BLDG 2266 BRAND

NAME PELCO CAMERA

ancillary installation services for BLDG 2266 IAW Attachment 1 Statement of Work Appendix E

Period of Performance: 60 Days ARO

Notice to Vendor(s): The Government reserves the right to cancel this RFQ, either before or after the closing date. In the event the Government cancels this RFQ, the Government has no obligation to reimburse a vendor for any costs.

FA462022QA145 0001

Attachment 1 FA462022QA145 REV 2

FAR Provision 52.212-1, Instruction to Offerors – Commercial Items (NOV 2021), applies to this acquisition and is incorporated by reference. As prescribed in FAR 12.301(c), the following addendum is provided for this solicitation:

Addendum FAR 52.212-1, Instructions to Offerors – Commercial Items 2021-11

NOTE: All headings in bold are referencing the basic provision at 52.212-1.

To assure timely and equitable evaluation of the quotes, vendors must follow the instructions provided in FAR 52.212-1 and are required to meet all solicitation requirements; failure to meet a requirement may result in a quote being ineligible for award. The government’s terms, conditions, and respective clauses contained within this solicitation are prescribed IAW the FAR, and are not subject to conditionally proposed revisions or changes requested by offerors. Please note that all fill in clauses must be filled in by the contractor and returned with the quote.

Paragraph (b); in addition to the required information, provide the following with your quote:

Subparagraph (4); a technical description of items being offered in sufficient detail to evaluate compliance with the requirements of this solicitation. This may include product literature, tech sheets, or other documents.

Subparagraph (6); complete the provided CLIN structure above. Please include any discount terms if applicable.

Firm Fixed Price Quotes: The resultant contract will be Firm Fixed Price, accordingly, pricing is not subject to revision and/or negotiation if selected for the contract award.

Quotes shall include pricing for all items in the CLIN structure and unit prices shall not be more than (2) decimal places.

“Notice to Offeror(s)/Supplier(s): The Government reserves the right to award all, some, or none of the CLINs identified.”

Subparagraph (8); All vendors must be registered and active in the System for Award Management (SAM) at https://www.sam.gov/portal/pulic/SAM/ at time of quote submittal to be considered for award. Vendors must complete all necessary fill-ins and certifications in the on-line Representations and Certifications and return the provision FAR 52.212-3, Offeror Representations and Certifications – Commercial Items paragraph (b) along with the quote.

Unique Entity Identifier (UEI) / CAGE Code: /

Number of Employees/Total Yearly Revenue: /

FA462022QA145 0001

https://www.sam.gov/portal/pulic/SAM/

Subparagraph (9); Amendments – Vendor will acknowledge, sign and submit with their quote *ALL* solicitation amendments.

Paragraph (c); first sentence revised as follows: The vendor agrees to hold the prices in its quote firm until 30 SEP 2022 from the date specified for receipt of quotes, unless another time period is specified in an addendum to the quote.

Paragraph (f); Quotes must be sent as stated below, if provided by any other method, incomplete, or missing required items, quotes may not be considered. If submitting via email, it is recommended a read/delivery receipt is attached to the email. It is the offeror’s responsibility to confirm the quote has been received.

RFQ Due Date/Time: 30 Aug 2022 / 1:00 P.M. PST

Email to: Ms. Wendy Smith at wendy.smith.14@us.af.mil and Mr. Clifford Dockter at clifford.dockter@us.af.mil.

Mail/Hand deliver to: ATTN: Ms. Wendy Smith or Mr. Clifford Dockter 92d Contracting Squadron 110 W Ent St. STE 200 Fairchild, AFB, WA 99011

NOTE: If quotes are mailed or hand delivered, an electronic version of all documents must be provided at time of submission. Beware, “.zip” files are not an acceptable format for the Air Force Network and will not go through government email systems.

Paragraph (g); Interchanges: The government intends to award a contract without Interchanges with respective vendors. The government, however, reserves the right to conduct Interchanges, with all, some, or none of the vendors if deemed in its best interest.

Pre-Proposal conference/Site Visit at Fairchild AFB, WA 99011

(a) A pre-bid/pre-proposal site visit will be conducted at Buildings 1250, 2257, 2259, and 2266 on Fairchild Air Force Base, WA 99011 on 10 August 2022 at 0800 A.M. (PST) for the purpose of answering questions and enabling high quality quotes.

(b) Submit the names of all attendees (not to exceed 1 per firm) to Ms. Wendy Smith (509)247-8084 at wendy.smith.14@us.af.mil and Mr. Dockter (509)247-8141 or clifford.dockter@us.af.mil NLT 5 August 2022.

mailto:wendy.smith.14@us.af.mil mailto:clifford.dockter@us.af.mil mailto:wendy.smith.14@us.af.mil mailto:clifford.dockter@us.af.mil

FAR Provision 52.212-2, Evaluation – Commercial Items 2021-11

(a) Pursuant to FAR 12.602 contract award will be made using Simplified Acquisition Procedures IAW FAR 13.106(2)(i). The government will award a contract resulting from this RFQ to the responsible vendor whose quote, conforming to the RFQ, will be most advantageous to the government, price and other factors considered. The government reserves the right to make award to other than the lowest priced vendor. The following factors shall be used to evaluation quotes:

i. Price

ii. SPRS IAW DFARS 252.213-7000

IAW FAR 12.602(a); When using the simplified acquisition procedures in Part 13, contracting officers are not required to describe the relative importance of evaluation factors.

(b) Options. The government WILL be using Option CLINs for this acquisition.

(c) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful vendor within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the quote’s specified expiration time, the government may accept a quote (or part of a quote), whether or not there are interchanges after its receipt, unless a written notice of withdrawal from the offeror is received before award.

Vendors should propose the best pricing to the government for each item in arriving at the most competitive price. Price information submitted in each vendor’s price quote, as required by the Addendum to FAR 52.212-1, Instructions to Offerors – Commercial Items, will be evaluated to determine if proposed prices are fair and reasonable IAW FAR 13.106-3. Unbalanced pricing may pose an unacceptable risk to the government and may be a reason to reject a vendor’s quote.

(End of Provision)

FAR clause 52.212-4 Contract Terms and Conditions – Commercial Items 2021-11 applies to this acquisition with the following Addendum: Paragraph (c) of this clause is tailored as follows: Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes, such as changes in the paying office, appropriations data, etc. which may be changed unilaterally by the government.

NOTE: The vendor acknowledges that should the quote terms and conditions and/or agreement conflict with mandatory provisions of the Federal Acquisition Regulation (FAR) and other Federal law applicable to commercial acquisitions, to the extent of such conflict the FAR and Federal law govern and conflicting vendor terms and conditions and/or agreement are unenforceable and are not considered incorporated into any resultant contract.

52.252-1 Solicitation Provisions Incorporated by Reference 1998-02

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 address:

http://acquisition.gov

52.252-2 Clauses Incorporated by Reference 1998-02

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this address:

http://www.acquisition.gov

PROVISIONS/CLAUSES INCORPARED BY REFERENCE

Number Title Year- Mo

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions 2007-09

52.203-12 Limitation on Payments to Influence Certain Federal Transactions 2020-06

52.204-7 System for Award Management 2018-10

52.204-13 System for Award Management Maintenance 2018-10

52.204-16 Commercial and Government Entity Code Reporting 2020-08

52.204-17 Ownership or Control of Offeror 2020-08

52.204-18 Commercial and Government Entity Code Maintenance 2020-08

52.204-19 Incorporation by Reference of Representations and Certifications 2014-12

52.204-20 Predecessor of Offeror 2020-08

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52.204-21 Basic Safeguarding of Covered Contractor Information Systems 2021-11

52.204-22 Alternative Line Item Proposal 2017-01

52.209-7 Information Regarding Responsibility Matters 2018-10

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 2015-11

52.212-1 Instructions to Offerors – Commercial Items 2021-11

52.212-4 Contract Terms and Conditions - Commercial Products and Services 2021-11

52.217-4 Evaluation of Options Exercised at Time of Contract Award 1988-06

52.217-5 Evaluation of Options 1990-07

52.219-8 Utilization of Small Business Concerns 2018-10

52.219-9 Small Business Subcontracting Plan 2021-11

52.223-5 Pollution Prevention and Right-To-Know Information 2011-05

52.229-11 Tax on Certain Foreign Procurements - Notice and Representation 2020-06

52.229-12 Tax on Certain Foreign Procurements - Notice and Representation 2021-02

52.232-39 Unenforceability of Unauthorized Obligations 2013-06

52.232-40 Providing Accelerated Payments to Small Business Subcontractors 2021-11

52.233-1 Disputes 2014-05

252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights 2013-09

252.203-7005 Representation Relating to Compensation of Former DoD Officials 2011-11

252.204-7003 Control of Government Personnel Work Product 1992-04

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 2019-12

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support 2016-05

252.204-7016 Covered Defense Telecommunications Equipment or Services - Representation 2019-12

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

2021-05

252.204-7018 Prohibition on the Acquisition of covered Defense Telecommunications Equipment or Services 2021-01

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements 2022-03

252.211-7003 Item Unique Identification and Valuation 2022-03

252.211-7008 Use of Government-Assigned Serial Numbers 2010-09

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations 2019-09

252.215-7008 Only One Offer 2019-07

252.219-7003 Small Business Subcontracting Plan (DoD Contracts) 2019-12

252.223-7008 Prohibition of Hexavalent Chromium 2013-06

252.225-7001 Buy American and Balance of Payments Program 2022-03

252.225-7007 Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies 2018-12

252.225-7008 Restriction on Acquisition of Specialty Metals 2013-03

252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals 2019-12

252.225-7012 Preference for Certain Domestic Commodities 2022-04

252.225-7021 Trade Agreements 2022-03

252.225-7048 Export Controlled Items 2013-06

252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten 2020-10

252.225-7055 Representation Regarding Business Operations with the Maduro Regime. 2022-05

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime 2022-05

252.226-7001 Utilization of Indian Organizations, Indian Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

2019-04

252.227-7015 Technical Data - Commercial Items 2014-02

252.227-7037 Validation of Restrictive Markings on Technical Data 2022-04

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 2018-12

252.232-7010 Levies on Contract Payments 2006-12

252.232-7017 Accelerating Payments to Small Business Subcontractors - Prohibition on Fees and Consideration 2020-04

252.243-7002 Requests for Equitable Adjustment 2012-12

252.244-7000 Subcontracts for Commercial Items 2021-01

252.246-7008 Sources of Electronic Parts 2018-05

252.247-7023 Transportation of Supplies by Sea 2019-02

PROVISIONS/CLAUSES INCORPORATED BY FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and Video 2021-11

Surveillance Services or Equipment

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—

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(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 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.

https://www.sam.gov/

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision.

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services (2020-10) Representation

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

(b) 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".

(c) (1) Representation. The Offeror represents that it □ does, □ 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.212-3 Offeror Representations and Certifications - (2022-05) Commercial Products and Commercial Services

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— https://www.acquisition.gov/far/part-52#FAR_52_204_25

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

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

Forced or indentured child labor means all work or service—

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

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

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

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

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

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

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

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

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

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

Sensitive technology—

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

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

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

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

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

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

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

https://www.acquisition.gov/far/part-52#FAR_52_204_25

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern—

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

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

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

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

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

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

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

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

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

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

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

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

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

(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 it □ is, □ is not a small business concern.

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(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 it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern.

[Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

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

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

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

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

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

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

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

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 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 http://uscode.house.gov/ 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.

(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.

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(3) The Government will evaluate 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.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United

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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 Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

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

(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.

Other Foreign End Products:

(iv) 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 I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. 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 Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

(4) 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 paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

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

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

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

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Other End Products:

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