FY 21 Weight Load Solicitation.pdf

Request for Quotation (RFQ)

WEIGHT/LOAD TESTING SERVICES AND MAINTENANCE

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a separate written Request for Quote/solicitation will not be issued. The solicitation number is FA301621U0018 and is issued as a Request for Quotation (RFQ).

This combined synopsis/solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2021-04 and DFARS Publication Notice 20210115, and AFFARS Updated 02 December 2020. The NAICS code is 811310 and the size standard is $8 Million.

Weight Load Testing Services

(The Quote shall be effective for 60 days)

Please respond to this RFQ by emailing response to Ms. Wanda Smith at wanda.smith.4@us.af.mil and Karen DeLorenzo at karen.delorenzo@us.af.mil no later than 2:00 pm CST, Friday, 19 February 2021 (sooner if possible) in order to be considered timely. Any quote, modification, revision, or withdrawal of a quote received after the exact time specified above shall be determined as late and will not be considered unless received before award is finalized, the Contracting Officer determines that accepting the late quote would not unduly delay the acquisition, and it was the only quote received.

Please carefully review all special notes, instructions, clauses, and provisions contained herein to ensure compliance and eligibility for award. Some provisions listed below may require offerors to provide information within the full text of the applicable provision in order for their response to this solicitation to be considered complete.

ITEM

DESCRIPTION QTY Unit Unit Price Extended Amount

Provide one-time weight/load testing and serviceability inspections of 137 individual lifting devices and 1 mobile crane in accordance with Performance Work Statement.

Services will be rendered at multiple maintenance facilities located within the 433d Airlift Wing on Joint Base San Antonio-Lackland.

1 EA $_____________ $_____________

Perform emergency repairs of the weight /load test equipment. THIS IS A NOT TO EXCEED CLIN OF

$12,500.00 (DO NOT PROPOSE)

25 LO $12,500 $12,500

Repair parts and material for weight/load test equipment.

THIS IS A NOT TO EXCEED CLIN OF $15,000.00

(DO NOT PROPOSE)

15 LO $15,000 $15,000

BASE YEAR TOTAL COST

FA301621U0018

Weight Load Testing

Provide one-time weight/load testing and serviceability inspections of 137 individual lifting devices and 1 mobile crane in accordance with Performance Work Statement.

Services will be rendered at multiple maintenance facilities located within the 433d Airlift Wing on Joint Base San Antonio-Lackland.

1 EA $_____________ $_____________

Perform emergency repairs of the weight /load test equipment. THIS IS A NOT TO EXCEED CLIN OF

$12,500.00 (DO NOT PROPOSE)

25 LO $12,500 $12,500

Repair parts and material for weight/load test equipment.

THIS IS A NOT TO EXCEED CLIN OF $15,000.00

(DO NOT PROPOSE)

15 LO

$15,000

$15,000

OPTION YEAR TOTAL

COST

Note: Failure to quote on all CLINs may render the quote unacceptable and ineligible for award consideration.

All items must be fully assembled and ready for use upon delivery.

TOTAL

CONTRACT

COST

Please provide the below information:

FOB: Destination Shipping Cost Included? Yes

Payment Terms: Net 30 Delivery Date: 1 March 2021

Company Name: ___________________________________________

Company Address: ___________________________________________

DUNS # Cage Code: ________________________ __

POC: Telephone # _

E-Mail Address: Tax ID#:

Do you have capacity to invoice electronically through WAWF? (Yes/No) __________

Confirm all Amendments to this solicitation received: _______________________________________

Special Notes and Instructions:

1. Notice to Offeror(s)/Supplier(s): 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.

2. Questions. All questions are to be submitted to the Contract Administrator, Wanda Smith at wanda.smith.4@us.af.mil and the Contracting Officer at karen.delorenzo@us.af.mil before 10:00 am, San Antonio Texas, Local time, 12 February 2021.

4. Mandatory Registrations. To be eligible for award, registration with the System for Award Management (SAM) must be current. In addition, the contractor must submit certifications included in FAR 52.204-24 (August 2020) below. To register or update former CCR and Reps & Certs that are not current go to https://www.sam.gov/SAM/ and provide mandatory information.

5. Period for Acceptance of Offers. The paragraph is tailored as follows: The offeror agrees to hold the prices in its quote firm for 60 calendar days from the date specified for receipt of quotes. NOTE: This period supersedes that indicated in FAR 52.212-1(c).

6. Discussions. The award will be based on initial responses, offerors are highly encouraged to quote their most advantageous pricing in their initial response. The government intends to award a purchase order without discussions with respective vendors/quoters. The government, however, reserves the right to conduct discussions if deemed in its best interests.

7. Basis for Award. A single firm-fixed price purchase order will be issued to the responsible contractor who is responsive, and provides a quote that is rated as technically acceptable at the lowest price. Please submit your best quote as the government intends to award without discussions. The government does, however, reserve the right to conduct discussions if deemed to be in its best interest.

a. Responsive. The Government shall first review all quotes for responsiveness. To be considered Responsive, the contractor must submit, at a minimum:

i. A completed price schedule, to include a pricing breakdown IAW the CLIN table and delivery terms as provided by the government on the RFQ letter.

ii. Any required Technical Data in direct support or response to the Technical Factors outlined in this RFQ. Contractors who do not provide evidence of technical data when Technical Factors are present within the RFQ shall be considered “non-responsive.”

iii. A copy of all FAR “Fill-ins,” completed by the contractor.

Contractor quotes that fail to meet the above criteria for responsiveness may be considered “non-responsive” and shall not be evaluated further.

b. Order of Evaluation. The government shall organize all responsive contractor quotes in order from lowest to highest total price. Evaluation shall begin with the quote having the lowest total price.

c. Technical Evaluation.

i. The Contracting Officer shall evaluate the two (2) lowest total priced quotes for Technical mailto:wanda.smith.4@us.af.mil mailto:karen.delorenzo@us.af.mil https://www.sam.gov/SAM/

Acceptability. Technical Acceptability is rated on a Pass/Fail basis against each of the Technical Factors stated below. To be considered “Technically Acceptable,” the contractor’s quote must demonstrate adherence to all the following Technical Factors:

Technical Factor 1: Work Plan

(1) The offeror shall provide a written Work Plan to detail the approach to be taken to test each piece of equipment.

(2) Describe how the requirements of DFARS 252.237-7024, Notice of Continuation of Essential Contractor Services will be met.

(3) Submit procedures for responding to and performing on call situations outside the normal hours of operation.

Technical Factor 2: License

(1) The Offeror must provide proof that Crane inspectors who will be working on this contract are mobile crane certified. Occupational Safety and Health Administration (OSHA) or American National Standards Institute (ANSI) guidelines are acceptable for the remaining equipment.

Technical Factor 3: Work Schedule

(1) The offeror shall submit a schedule of work completion for all items in the form of certificates and/or stickers/tags with completion date.

(2) The schedule must demonstrate all work to be completed within 60 days of award and that work shall be completed during a period of three weeks or less.

ii After technical evaluation, contract quotes shall be given one of the following ratings:

Technically Acceptable – The quote clearly meets the minimum requirements of the solicitation to include meeting period of performance and/or delivery date, as applicable.

Technically Unacceptable – The quote does not clearly meet the minimum requirements of the solicitation to include meeting period of performance and/or delivery date, as applicable.

If either of the two quotes with the lowest total price is found to be Technically Unacceptable, the quote with the next lowest total price will be evaluated for technical acceptability. This process will continue until two Technically Acceptable quotes are identified or until all quotes have been evaluated.

d. Price Analysis. After completion of the Technical Evaluation, the Contracting Officer shall conduct price analysis against the lowest priced, technically acceptable quote to determine if the pricing is balanced, fair and reasonable.

i. The Government may use various price analysis techniques and procedures to ensure a fair and reasonable price to up to and including: (1) comparison of proposed prices received in response to the solicitation; (2) comparison of proposed prices to historical prices paid, whether by the

Government or other than the Government for the same or similar items; (3) Use of parametric estimating methods/application of rough yardsticks; (4) Comparison with competitive published price lists, published market prices of commodities, similar indexes, and discount or rebate arrangements; (5) Comparison of proposed prices with independent Government cost estimates;

(6) Comparison of proposed prices with prices obtained through market research for the same or similar items.

ii. If, after conducting Price Analysis, the Contracting Officer can make a determination that the Technically Acceptable quote with the lowest total price has balanced, fair and reasonable pricing, the evaluation process stops. Award shall be made to that contractor on an LPTA basis.

If the pricing for the quote with the lowest total price is NOT determined to be balanced, fair and reasonable, the Contracting Officer shall continue price analysis of the Technically Acceptable quotes, in order of lowest total price, until a balanced fair and reasonable determination can be made. Once a balanced, fair and reasonable determination is made, the evaluation process stops.

Award shall be made to the responsible contractor whose quote is determined to be the lowest priced, technically acceptable and has pricing that is considered balanced, balanced fair and reasonable.

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

(For full text references, go to www.acquisition.gov)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management. (Oct 2018) * 52.204-13 System for Award Management Maintenance. (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting. (Aug 2020) * 52.204-18 Commercial and Government Entity Code Maintenance. (Aug 2020) 52.204-22 Alternative Line Item Proposal (Jan 2017) * 52.211-17 Delivery of Excess Quantities (Sept 1989) 52.212-1 Instructions to Offerors-Commercial Items (Jun 2020) * 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (Apr 1984) 52.243-1 Changes-Fixed-Price. (Aug 1987) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. (Sep 2011) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. (Sep 2013) 252.203-7005 Representation Relating to Compensation of Former DoD Officials. (Nov 2011) 252.204-7003 Control of Government Personnel Work Product. (Apr 1992) 252.204-7006 Billing Instructions. (Oct 2005) 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. (Oct 2016) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. (Dec 2019) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. (May 2016)

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services. (Jan 2020)

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism. (May 2019)

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations. (Sep 2019)

252.215-7007 Notice of Intent to Resolicit. (Jun 2012) 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. (Jan 2018)

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. (Sep 2014)

252.223-7008 Prohibition of Hexavalent Chromium (Jun 2013) 252.225-7001 Buy American and Balance of Payments Program. (Dec 2017) 252.225-7002 Qualifying Country Sources as Subcontractors. (Dec 2017) 252.225-7048 Export-Controlled Items. (Jun 2013) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. (Dec 2018) 252.232-7010 Levies on Contract Payments. (Dec 2006)

252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration. (Apr 2020)

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. (Jun 2013) 252.243-7001 Pricing of Contract Modifications. (Dec 1991) 252.244-7000 Subcontracts for Commercial Items (Oct 2020) 5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) (Oct 2019)

CLAUSES IN FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)

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 Items. 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— https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(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 https://www.sam.gov/ 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-Representation (Oct 2020)

(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)

ADDENDA TO FAR 52.212-1 Instructions to Offerors - Commercial Items (Jun 2020)

Addendum to 52.212-1(b), Instructions to Offerors. The paragraph is tailored as follows:

1.0 Page Limitations. Page limitations shall be treated as maximums. Total page count will be based on the printed proposal submission. If page limitations are exceeded, excess pages will not be read nor considered in the evaluation of the quote. A page is defined as each face of an 8.5 x 11-inch sheet of paper containing information. All information except for document numbers, page number, etc., shall be provided in an image area with no less than one inch in margin. Two pages may be printed back-to-back on one sheet of paper. However, this will be considered two (2) pages for the purpose of page count. The background color of each page of the proposal submission shall be white or ivory stock only. The maximum of allowable pages for the technical proposal, including attachments should be no more than 10 pages total. If any proposal exceeds 10 pages total for the technical proposal, the Government will only evaluate the first 10 pages.

1.2 Text. Text type should be Times New Roman or Arial, no smaller than 12-point with normal proportional spacing. Illustrations and tables shall be no smaller than Times New Romans or Arial 10 point. Text lines will be, at a minimum, single-spaced.

1.3 Tables, Charts, Graphs, and Figures. Legible tables, charts, graphs and figures shall be used wherever practical to depict organizations, systems and layout, implementation schedules, plans, etc. These displays shall be uncomplicated, legible, and shall not exceed 11 x 17 inches in size. Foldout pages shall fold entirely within the volume, and count as a single page. Foldout pages may only be used for large tables, charts, graphs, diagrams and schematics not for pages of text. For graphics, exhibits and figures, text shall be no smaller than Times New Roman or Arial 10-point font. Text within tables shall be no smaller than Times New Roman or Arial 10-point font.

1.4 Proposal Clarity. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation of the Offeror's capabilities and for substantiating the validity of stated claims. The Offeror's proposal shall not simply rephrase, reiterate, or restate the Government's own language, but rather shall provide convincing rationale describing how it intends to fulfill the requirement. Legibility, clarity, and coherence are very important. Provide as specifically as possible the actual methodology you would use for accomplishing and satisfying the requirements. The Offeror shall assume that the Government has no prior knowledge of its capabilities, facilities and experience, and will base the evaluation on the information presented in the Offeror's quote.

Addendum to 52.212-1(c) Period for Acceptance of Offers. The paragraph is tailored as follows: "The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers."

Addendum to 52.212-1(d), Product Samples, is deleted in its entirety.

Addendum to 52-212-1(e), Multiple Offers, is deleted in its entirety.

Addendum to 52.212-1(g), Contract Award. The paragraph is tailored as follows: The Government intends to award a contract without interchanges. Therefore, the initial proposal should contain your best terms;

however; the Government reserves the right to conduct interchanges if determined necessary by the Contracting Officer. The Contracting Officer reserves the right to award a contract without the opportunity to revise proposals.

Addendum to 52.212-1(h), Multiple Awards is deleted in its entirety.

(End of Addendum)

52.212-3 Offeror Representations and Certifications-Commercial Items (Jan 2021) 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. 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 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

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

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

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

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

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

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

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

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

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

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in 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— 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

(1) Directly by a parent corporation; or

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

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

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

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

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

Women-owned 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.

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.

(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 Items, 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 will be performed in the United States or its outlying areas. 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.

(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.

http://www.sam.gov/ https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/4.1201#FAR_4_1201

(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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3

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 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.

Other End Products:

(iii) The Government will…