H92239-23-Q-0016 Gym Equipment Combined Synopsis.docx

H9223921Q0006

H9223921Q0006

H9223923Q0016 H92239-23-Q-0016 Combined Synopsis/Solicitation Gym Equipment

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Offerors shall ensure that the supply items provided meet the Brand Name Justification and Approval (J&A) or specifications.

(ii) This solicitation number, H92239-23-Q-0016, is issued as a Request for Quote (RFQ).

(iii) This solicitation document and incorporated provisions and clauses that are in effect through Federal Acquisition Circular 2023-05, effective 22 September 2023.

(iv) This requirement is 100% set-aside for total small businesses and only qualified Offerors may submit quotes. Quotes received from other than small business will be rejected. The North American Classification System (NAICS) code is 339920, “Sporting and Athletic Goods Manufacturing” with a size standard 750 Employees. This solicitation is issued under Federal Acquisition Regulation (FAR) Part 13, Simplified Acquisition Procedures for Certain Commercial Items and Federal Acquisition Regulation FAR Part 12, Acquisition of Commercial Items.

(v) Prices shall be listed for each Contract Line Item Number (CLIN) of this RFQ. The following is a list of the associated CLINs:

Description:

· Length: 41”

· Grip Diameter 1-5/16”

· The Sorinex Stall Bar fits our Base Camp™ Series, XL™ Series, and Dark Horse™ Series racks.

Includes:

· Stall Bar and required hardware

Description:

· Length: 7.5’

· Width: 3”

· Height: 3”

· Material 11 Gauge Steel

· Features: First Rack Bridge Connector, 4-Way Hole Design, Laser Cut and Bent 1/2" Thick Steel Bridge Ear Connectors Includes:

· High Bridge and Bridge Ear Connectors (2)

Description:

· Includes PM5 Performance Monitor

· Includes Device Holder

· Flywheel design for a smooth feel and minimal noise

· Spiral Damper with adjustable 1-10 settings

· The ergonomic handle promotes natural arm and hand position.

· Height: Standard (14" at seat)

· Seat moves smoothly on aluminum rail / stainless steel track

· Adjustable monitor arm and simple two-part separation for compact storage

· Flexfoot footrests adjust for quick and easy sizing

· Easy assembly with tools and illustrated instructions included

· Caster wheels for mobility

· Nickel plated steel chain

· Monorail Length: 54"

· Welded steel support legs

· Double powder coat finish plus clear topcoat

· Weight: Standard - 57LB, Tall - 68LB

· 500LB max user weight

· Product Weight: Standard legs: 57 lbs. Tall Legs: 68lbs.

· Length x Width: 96”x24”

Description:

· Length: 41"

· Layered Rubber

· 1/4" x 4.5mm LFL approx. 5-15 lbs.

· 1/2" x 4.5mm LFL approx. 20-25 lbs.

· 1/2" x 6.35mm LFL approx. 30-50 lbs.

· 1-1/8" x 4.5mm LFL approx. 40-80 lbs.

· 1-3/4" x 4.5mm LFL approx. 50-120 lbs.

· 2-1/2" x 4.5mm LFL approx. 60-150 lbs.

· 4" x 6.35mm LFL approx. 80-200 lbs.

Description:

· Black Urethane Coating

· Chrome Alloy Steel Handles

· Thickness of 1.25” for 5-100 lb. and 1.38” for 105-150 lb. pairs

· Handle length: 5.75” from inside head-to-head

· Handle shoulder diameter is 1.5” for 5-100 lb. pairs and 1.63” for 105-150 lb. pairs

· Urethane coating is a minimum of 3/8” thick

· 5, 10, 15, 20, 25, 30, 35, 40, 45, 50, 55, 60, 65, 70, 75, 80, 85, 90, 95,100, 105, 110, 115, 120, 125, 130, 135, 140, 145 and 150 lbs.

*one pair of each weight highlighted

*provide separate pricing for each pair.

Description:

· Welded Tubular Steel

· Length: 80.125”

· Width: 37.25”

· Height: 69.5”

· Ceiling Height: 8.5’

· Weight: around 375 lbs.

· Digital read outs include elapsed time, feet climbed, heart rate (using chest strap)

Description:

· Base: 43”x46”

· Height: 7’10”

· Weight: around 150 lbs.

· Power: 110V AC

· Display: calories burned, heart rate, total feet climbed, 11 resistance settings, time, distance, feet per minute, step height, stroke length

· Step Height: 1-20”

· Arm Travel: 1-20”

· Max User Weight: 350 lbs.

· Climb Angle: 75 degrees

Description:

· Dimensions LxWxH: 50x1.97x0.1 inches

· 3 resistance levels

· Oversized foot cradles

· Premium rubber grips

· 1” double sewn ultra-durable straps

Description:

· 100% foam core

· knife coated vinyl with built-in bacterial inhibitor

· must have handles

· Each box must have three 2” strips of Velcro to enable stacking and prevent the boxes from slipping apart during use

· Color: Black

Description:

· 44 lbs.

· 190,000 PSI tensile strength steel

· 29MM diameter bar

· Knurl marks and center knurl

Description:

· Height: 3”

· Diameter: 1.937” to 2.007”

· Magnetic

· Material: 6,6 Nylon Commercial Grade

· High Strength Nylon Material

· Twist To Tighten

Description:

· Premium rubber

· 17.72” in Diameter

· 2.12” Thick

Description:

· 1.25” Thick

Description:

· 1” Thick

Description:

· Urethane coated

· 220 MM in diameter (8.7”)

· 22 MM thick (.87”)

Description:

· Urethane coated

· 180 MM in Diameter (7.1”)

· 20 MM thick (.79”)

Description:

· Length: 60”

· Loading Sleeve: 12”

· 5.5” grip handles

· 500 pound weight capacity

· Product weight: 17 lbs.

Description:

· 50 FT Overall Length

· PVC Handle Material

· Handle Length: 7”

· Rope Material: Poly Dacron

· 1.5” Diameter

· Product weight: 29 lbs.

Description:

· Yoke, squat rack, and pull up stand

· LxWxH: 60”x48”x 96”

· Weight: 321 lbs.

· Material: 3”x3” 11 Gauge Steel

· 4 inch hole spacing on all four sides

Description:

· 7 levels of pressure

· Increases circulation, revive muscles, and reduce swelling

· Product Weight: on or about 3.2 lbs.

· Size: 4x4.5x8”

· 3 hour battery life

· 7 levels of compression

· 2 Leg attachments

Description:

· Heavy duty steel frame

· 27” diameter steel fan

· Max user weight 300 lbs.

· Height x Width x Length: 50”x23.34”x50.94”

· Weight: 95.64 lbs.

Description:

· Solid Steel Frame and Handrails

· Max User Weight: 350 lbs.

· Drive Train: 100 Precision Ball Bearings with 12 roller guides

· Color: Black

· Motorless running system

· Built in handles and 2 transport wheels

· Uses no electricity

Description:

· Multipurpose

· Bar Weight: 44 lbs.

· Tensile Strength: 190,000

· Medium dual knurl

· No center knurl

· Bright Zinc Finish

· Shaft Diameter: 28.5mm (1.12”)

· Sleeve Finish: Hard Chrome

· Sleeve Type: Grooved

Description:

· 44 lbs.

· Plate Diameter 450mm (17.1”) with a 50.5 mm 1.98”) center hole

· Constructed from SBR rubber and zinced steel hubs

· Calibrated to IWF specifications

Description:

· 33 lbs.

· Plate Diameter 450mm (17.1”) with a 50.5 mm (1.98”) center hole

Description:

· 22 lbs.

· Plate Diameter 450mm (17.1”) with a 50.5 mm (1.98”) center hole

Description:

· 11 lbs.

· Solid rubber

· Dimension: 13.5” Diameter

Description:

· 5.5 lbs.

· Dimension: 9.25”

Description:

· 3.3 lbs.

· Dimension: 8.25”

Description:

· 4.4 lbs.

· Solid Rubber

· Dimensions: 9.25”

Description:

· 2.2 lbs.

· Solid Rubber

· Dimensions: 50.5 mm (1.98”) center hole

Description:

· Professional set-up, tuning, and calibration of listed equipment

· Inspection of straps, cables and structural integrity of the racks/rigs and equipment

(vi) This requirement is for training and fitness purposes. See attached Brand Name J&A and specifications. Contractors shall ensure supplies provided meet the salient characteristics found in the description in the CLIN chart above.

(vii) Supplies shall be delivered to Building E-4327, 77th SFG Way, Fort Liberty, NC 28310. Delivery is due no later than 14 weeks after the date of award. All CLINs are FOB Destination.

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

52.212-1, INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS

ADDENDUM TO FAR CLAUSE 52.212-1, INSTRUCTIONS TO OFFERORS—COMMERCIAL

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

(b) Submission of Quotes. Submit signed and dated quote at or before the date specified in this solicitation. Failure to provide all required documents or information may exclude the Offerors from further consideration. Only signed quotes submitted will be accepted. Quotes shall be submitted electronically to SSG Summer McMahon, Contract Specialist, summer.l.mcmahon.mil@socom.mil and Gail Williams, Contracting Officer, gail.williams@socom.mil.

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

Quotes shall contain the following sequential order.

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 30 days from the date specified for receipt of quotes.

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

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

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

1.) Technical Acceptability 2.) Price 3.) Delivery

Factor 1: Technical Acceptability: The Offeror shall provide:

Technically acceptability: The Offeror shall provide a quote for all equipment listed in the CLINs. If providing equal alternatives, the Offeror must provide documentation demonstrating how the equipment is equal. Technical acceptability will be determined by the Government during technical review. To ensure that sufficient information is available for technical evaluation, the Offeror shall furnish descriptive material (technical information, brochures, drawings, or other information) necessary for the purchasing activity to determine whether the product offered meets the salient characteristics of the requirement. Offerors not providing technical information may be excluded from competition.

Factor 2: Price: The Offeror shall provide:

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

Factor 3: Delivery: The Offeror must show how they plan to deliver the CLINs within 14 weeks after date of award or sooner. Delivery is defined as the capacity to meet or exceed the delivery date of 14 weeks After Receipt of Order (ARO). Offers will be evaluated for pricing inclusive of transportation charges from shipping point to the delivery destination.

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

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

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

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

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

(h) Multiple awards. Multiple awards may be considered if it is determined to be in the Government’s best interest.

(End of provision)

(ix) The provision at FAR 52.212-2, Evaluation—Commercial Items, applies to this acquisition with an addendum to the provision.

52.212-2, EVALUATION—COMMERICAL ITEMS (OCT 2014)

ADDENDUM TO FAR 52.212-2, EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate quotes:

1.0 BASIS FOR AWARD –

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

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

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

1.4 The Government intends to award the contract without discussions. Therefore, the quote should contain the Offeror's best terms from Technical Capability and Price Reasonableness standpoint. Additional oral or written information from the Contractor may be requested. The Government reserves the right to conduct discussions. If a revised quote is requested, it will be evaluated against the same criteria as was the initial quote.

EVALUATION CRITERIA

The Government will use the criteria set forth below to evaluate and select the awardee. Evaluation criteria consist of three (3) evaluation factors. Quotes will be evaluated under the following evaluation factors:

Factor 1: Technical Acceptability Factor 2: Price Factor 3: Delivery (14 weeks after the date of the award or sooner)

Assigning Ratings: All factors will be assigned one of the ratings defined below. To be considered technically acceptable, Offerors must demonstrate the capability to provide the required equipment within the 14 week delivery timeframe. The Government will not roll up factors for an overall Factor 1 rating. In order to be considered for award, there must be an “acceptable” rating in every factor.

Table A-1. Technical Acceptable/Unacceptable Ratings

Factor 1 - Technically Acceptability.

The Offeror’s quote will be evaluated to ensure that all equipment are those specified in the CLIN or an equal alternative. The Offeror must provide documentation demonstrating that proposed alternative(s) meet or exceed the specification of the respective CLIN.

Factor 2 - Price.

As authorized under FAR Subpart 13, simplified procedures will be used to evaluate quotes and award the contract. Proposed price will be evaluated as Lowest Price Technically Acceptable (LPTA). Price shall be quoted in accordance with the CLIN structure (0001-0032) provided, in the event an award is made. The Government will roll-up CLIN prices into an overall total price for the total evaluated price. The unit price shall include a firm fixed price for each priced CLIN. Quotes shall remain valid for a minimum of 30 days. The Government intends to award a contract based on contractor’s responsibility and determination of a fair and reasonable price.

Factor 3 - Delivery The Offeror’s quote will be evaluated to determine if they demonstrated how they plan to deliver all CLINs no later than 14 weeks after the date of award or sooner. Pricing includes transportation charges from shipping point to the delivery destination.

(x) The Provision at FAR 52.212-3 Offeror Representations and Certifications Commercial Items, applies to this acquisition. The Offeror’s representations and certifications must be entered within the System for Award Management website (https://sam.gov) for consideration for award.

(xi) The Clause at FAR 52.212-4 Contract Terms and Conditions Commercial Items, applies to this acquisition.

(xii) The Clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders—Commercial Items (Deviation 2018-O0021) applies to this acquisition.

(xiii) The following FAR provisions and clauses apply to this acquisition:

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

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

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

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

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

"Service-disabled veteran-owned small business 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.

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

"Small business concern"--

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

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

"Small disadvantaged business concern, consistent with 13 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 at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or

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

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Foreign End Products:

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No.

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

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

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

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

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than 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. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no''.

Other Foreign End Products:

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

Line Item No.

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

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

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

Israeli End Products:

Line Item No.

(3) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 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 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:

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(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 evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

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

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

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

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

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

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

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability.