M00264-25-Q-0215.docx
DOCX document 546 KB Posted
- Solicitation number
- M0026425Q0215
- Issued by
-
United States Marine Corps
About this file
This document is a Request for Quote (RFQ) for transportation services for a CH-46E helicopter. Marine Corps Installations - National Capital Region (MCI-NCR) is seeking a small business to relocate a Boeing Vertol CH-46E helicopter from the National Air and Space Museum Steven F. Udvar-Hazy Center to the National Museum of the Marine Corps Museum Support Facility in Dumfries, Virginia. The solicitation is a total small business set-aside, with a firm-fixed price award intended on an "all-or-none" basis, with a period of performance concluding by October 31, 2025.
Key requirements include creating a detailed transportation plan, obtaining necessary permits, and providing all equipment for loading and unloading the approximately 17,000-pound helicopter. The contractor must submit a transportation plan within two weeks of contract award, detailing the route, clearances, and loading/unloading methods. Proof of insurance covering the $866,000 aircraft value is required. Vendor questions are due by September 5, 2025, at 3:00 PM Eastern Time, and the government intends to evaluate and award the contract based on initial quotes, focusing on technical compliance, past performance, and price reasonableness.
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| E1. M0026425Q0215-0001 CH-46E Transport Q&A Amendment.docx | DOCX document |
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Text version
M0026425Q0215
Section SF 1449 - CONTINUATION SHEET
52.212-1 & 52.212-2 ADDENDUM
52.212-1 ADDENDUM
INSTRUCTIONS TO QUOTERS - Commercial Products and Commercial Services.
GENERAL INTENTION: Marine Corps Installations – National Capital Region (MCI-NCR) has a commercial requirement for Moving/Relocating Services for an antique CH-46E helicopter. In accordance with FAR Part 12 and FAR Part 13, the MCI-NCR Regional Contracting Office is issuing a commercial solicitation for the acquisition of such services. Required specifications are listed in the Schedule of Supplies/Services within this solicitation.
VENDOR QUESTIONS: Questions about this RFQ must be submitted via email to both David Laster and Michael Bogatyr at the following email addresses: michael.bogatyr@usmc.mil; david.laster@usmc.mil.
Questions shall be submitted no later than Friday, September 5th, 2025, at 3:00 PM Eastern Time. No late questions will be accepted. Any resultant amendment from Q&A will be posted with the solicitation.
CUSTOMER: National Museum of the Marine Corps (NMMC)
PROCUREMENT APPROACH: The Contractor’s quote shall reflect the characteristics and level of quality that will satisfy the Government’s need as described in the Schedule of Supplies/Services. A single firm-fixed price (FFP) award will be issued, and it is the Government’s intent to award on an “all-or-none” basis to satisfy this requirement. The Government reserves the right to issue no award at all resulting from this solicitation.
This is a notice that this order is a total set aside for small business concerns. Only quotes submitted by small business concerns will be accepted by the Government. Any quote that is submitted by a contractor that is not a small business will not be considered for award.
PAYMENT TERMS: NET 30. Invoices must be submitted via the Wide Area Workflow (WAWF) in accordance with DFARS 252.232-7006 which is included in this solicitation.
REQUIRED PERIOD OF PERFORMANCE: The period of performance must conclude (all services rendered) by 31 October 2025.
TECHNICAL COMPLIANCE: To ensure technical compliance:
1. Quotes must clearly demonstrate that they can meet the solicitation requirements in accordance with the Performance Work Statement.
1. Quotes must clearly state whether the quoter can meet the requested period of performance date. Vendors who cannot meet the required period of performance dates will not be considered technically acceptable.
Please note: Submission of a signed copy of the RFQ alone is not sufficient in demonstrating the quoter’s technical compliance/capability. A mere statement that the quoter will meet the Government’s requirement or a restatement/copy of the Government’s requirements without any additional information provided by the quoter is not sufficient in demonstrating the quoter’s technical compliance/capability.
SUBMISSION OF QUOTES:
1. Quotes shall be submitted no later than the time and date specified on Block 8 of page 1 of the SF1449 solicitation. Late quotes will not be accepted or considered for award. Vendors are responsible for ensuring their quotes have been received by the date and time specified in Block 8 on Page 1 of this solicitation. Delivery delays that cause a quote to be late are not the responsibility of the Government agency.
1. Quotes shall be submitted electronically via email to both David Laster and Michael Bogatyr at the following email addresses: michael.bogatyr@usmc.mil; david.laster@usmc.mil
1. Quoters must submit their quotes as an attachment(s) to their email submission. This includes any/all quote pricing and technical information. Quote packages shall not exceed three (3) file/document attachments. Quote packages that exceed three (3) attachments may not be considered.
52.212-2 ADDENDUM
EVALUATION – Commercial Products and Commercial Services.
EVALUATION.
The provision at 52.212-2, Evaluation - Commercial Products and Commercial Services, applies to this acquisition as follows:
(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforms to the solicitation.
(a)(1) The basis for award is PRICE per FAR 13.106-1(a)(2).
(a)(2) Evaluation procedures per FAR 13.106-2(b)
The following factors shall be used to evaluate Quotes:
1. Conforming to all matters with respect to the solicitation:
Quotes must clearly demonstrate the quoted services meet or exceed the requirements set forth in the performance work statement; must specify performance dates; and must meet all the terms and conditions of the solicitation.
1. Past Performance:
The apparent successful, prospective contractor shall have neutral to satisfactory past performance. Past Performance shall be evaluated in accordance with FAR 13.106-2(b)(3)(ii) and DFARS Subpart 204.76.
1. Price:
In accordance with FAR 13.106-3(a), before making the award, the Contracting Officer will determine that the apparent successful, prospective contractor’s proposed price is fair and reasonable.
Completeness and Accuracy: The Government will review the quotes for completeness and accuracy. A determination will be made as to whether the Quoter properly completed the pricing tables. The Quoter’s quote will be checked for mathematical correctness to include the following:
1) Checking arithmetic in all computations; and
2) Ensuring all prices are summarized correctly; and
3) All prices quoted are no more than two decimal spaces.
The Government intends to evaluate quotes and award a contract without discussions with vendors. Vendors should not expect requests for clarification or additional information from the Government. Award will be based on the initial evaluation of quotes received in response to the solicitation. Therefore, quoters are cautioned that their initial quotes should contain their best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions with vendors if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotes if such action is in the public interest; and may waive informalities and minor irregularities in quotes received.
<End of FAR 52.212-1 & 52.212-2 Addendums>
PERFORMANCE WORK STATEMENT
Performance Work Statement (PWS) Transportation of CH-46E National Museum of the Marine Corps
1. Background The National Museum of the Marine Corps (NMMC), under the command of Marine Corps University, preserves and exhibits the material history of the U.S. Marine Corps; honors the commitment, accomplishments, and sacrifices of Marines; supports recruitment, training, education, and retention of Marines; and provides the public with universally accessible platforms for the exploration of Marine Corps history.
1. Scope NMMC has a requirement to relocate a Boeing Vertol CH-46E helicopter from the National Air and Space Museum to NMMC. The aircraft shall be loaded at National Air and Space Museum Steven F. Udvar-Hazy Center and transported to its destination at the National Museum of the Marine Corps’ Museum Support Facility, where it is to be unloaded.
1. Performance Requirements
2. Tasks: The contractor shall:
0. Create a transportation plan that shall be provided to the TPOC in writing.
0. The transportation plan shall include specifics such as route, clearances horizontally and vertically, and any permitting requirements.
0. The transportation plan shall include details about the method of loading and unloading the aircraft.
0. Transport the aircraft to the NMMC Museum Support Facility (MSF) from the National Air and Space Museum (NASM) Steven F. Udvar-Hazy Center (UHC).
1. The contractor shall be responsible for all permitting necessary to facilitate transporting the aircraft.
1. The contractor shall be responsible for all equipment necessary to load and unload the aircraft for transportation, including rigging equipment if the vendor intends to utilize lifting.
1. Shrink wrapping or tarping of the aircraft is not required to preserve the finish of the aircraft.
0. The aircraft is to be partially disassembled by NMMC staff prior to transport. The blades (6) will be removed by NMMC and secured within the aircraft for transport.
1. Applicable Information and/or Documents
3. Government Technical Point of Contact (TPOC): TPOC contact information to be provided to the Contractor at time of award. NMMC staff will provide technical guidance for the aircraft.
3. Period of Performance:
1. A transportation plan with detailed route shall be submitted to TPOC within 2 weeks of contract award.
1. Period of performance to end on October 31, 2025.
3. Place of Performance:
Destination:
National Museum of the Marine Corps Museum Support Facility 17001 Interstate Dr, Suite 100 Dumfries, VA 22026 Attn: Restoration Section
Origin:
National Air and Space Museum Steven F. Udvar-Hazy Center 14390 Air and Space Museum Parkway Chantilly, VA 20151
3. List of Deliverables:
| Deliverable Name |
| Description |
| Frequency or Required Date |
| Method of Delivery |
| Transportation Plan |
| Plan of how the contractor is to load and transport the aircraft from the UHC to the MSF. |
| Within 2 weeks of contract award. |
| Email to TPOC |
| Proof of Insurance |
| Contractor must show proof of sufficient insurance to cover the value of the CH-46E ($866,000) |
| Within 2 weeks of contract award. |
| Email to TPOC |
| CH-46E |
| Delivery of aircraft to MSF |
| By October 31, 2025 |
| Truck and trailer |
3. Delivery Address:
National Museum of the Marine Corps Museum Support Facility 17001 Interstate Dr, Suite 100 Dumfries, VA 22026 Attn: Restoration Section
3. Hours of Operation: Monday-Friday, 0700-1700. No U.S. Federal Holidays.
3. Contractor Personnel / Qualifications:
6. Personnel operating machinery for the loading and transportation of the helicopter must hold the appropriate licenses.
6. Contractor shall provide evidence that personnel have experience loading and transporting aircraft.
6. If the vendor’s plan is to lift the aircraft for loading and unloading, a certified rigger must be utilized.
3. Travel: The Government intends to award a Firm-Fixed Price (FFP) contract type. The Contractor is responsible for all travel/per diem related expenses required to perform this contract. Any anticipated travel costs in the performance of this contract shall be included as part of the quoted rate(s). Any travel matters associated with the performance of this contract are the sole responsibility of the Contractor. The Government shall not have any financial responsibility other than paying for the FFP on each line item.
3. Security Requirements: The Contractor must possess a current valid state driver’s license and/or form of government approved official identification containing a personal photograph. The identification is required for security purposes to access active military installations.
3. Specifications:
· Estimated weight of assembled helicopter is 17,000lbs.
· Rotor blades (6) to be removed from helicopter by NMMC prior to transport.
· Height of helicopter as it sits on the landing gear is 17 feet 4 inches to the top of the aft rotor head and 15 feet 6 inches to the top of the forward rotor head.
· The helicopter is currently resting on its landing gear which cannot be removed.
· Ground handling in terms of towing the aircraft from the Udvar-Hazy Restoration Shop outside to the vendor supplied trailer shall be completed by NMMC or Smithsonian staff.
· Crane operation from inside the Udvar-Hazy Restoration Shop hangar will not be permissible.
· There is no aircraft-specific equipment (See Attachment 3) available for aiding with the transportation process, aside from what is described in the dimensions and PWS.
· See attachments “CH-46E Dimensions” and “Principle Dimensions” for dimensional details.
· See attachment “Helicopter Hoisting Procedure” for the location of lifting points, if necessary.
3. List of Attachments:
0. Attachment 1: CH-46E Dimensions
0. Attachment 2: Principle Dimensions
0. Attachment 3: Helicopter Hoisting Procedure
(End)
ATTACH 1: CH-46E DIMENSIONS
ATTACH 2: PRINCIPLE DIMENSIONS
ATTACH 3: HOISTING PROCEDURE
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Each |
Transportation Services for CH-46E
FFP
Contracted effort is for the transportation of an antique Boeing Vertol CH-46E helicopter from the National Air and Space Museum in Dulles, VA to the National Museum of the Marine Corps Museum Storage Facility in Triangle, VA. Please see attached PWS for full scope of work.
FOB: Destination
PURCHASE REQUEST NUMBER: M304005792243
PSC CD: V112
NET AMT
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Destination |
| Government |
| Destination |
| Government |
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
| 0001 |
| POP 23-SEP-2025 TO |
31-OCT-2025
| N/A |
| M30400 MUSEUM |
MUSEUM SUPPORT FACILITY
17001 INTERSTATE DRIVE
SUITE 140
DUMFRIES VA 22026
SHAUN PETTIT
703-928-0260 FOB: Destination M30400
CLAUSES INCORPORATED BY REFERENCE
| 52.203-18 |
| Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements--Representation |
| JAN 2017 |
| 52.204-7 |
| System for Award Management |
| NOV 2024 |
| 52.204-13 |
| System for Award Management Maintenance |
| OCT 2018 |
| 52.204-16 |
| Commercial and Government Entity Code Reporting |
| AUG 2020 |
| 52.204-17 |
| Ownership or Control of Offeror |
| AUG 2020 |
| 52.204-18 |
| Commercial and Government Entity Code Maintenance |
| AUG 2020 |
| 52.204-19 |
| Incorporation by Reference of Representations and Certifications. |
| DEC 2014 |
| 52.204-20 |
| Predecessor of Offeror |
| AUG 2020 |
| 52.204-21 |
| Basic Safeguarding of Covered Contractor Information Systems |
| NOV 2021 |
| 52.204-22 |
| Alternative Line Item Proposal |
| JAN 2017 |
| 52.204-24 |
| Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment |
| NOV 2021 |
| 52.204-26 |
| Covered Telecommunications Equipment or Services--Representation. |
| OCT 2020 |
| 52.204-29 |
| Federal Acquisition Supply Chain Security Act Orders--Representation and Disclosures. |
| DEC 2023 |
| 52.212-1 |
| Instructions to Offerors--Commercial Products and Commercial Services |
| SEP 2023 |
| 52.212-2 |
| Evaluation - Commercial Items |
| NOV 2021 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Products and Commercial Services |
| NOV 2023 |
| 52.219-1 Alt I |
| Small Business Program Representations (FEB 2024) Alternate I |
| FEB 2024 |
| 52.223-23 (Dev) |
| Sustainable Products and Services (DEVIATION 2025-O0004) |
| MAR 2025 |
| 52.225-25 |
| Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications. |
| JUN 2020 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.237-2 |
| Protection Of Government Buildings, Equipment, And Vegetation |
| APR 1984 |
| 52.247-34 |
| F.O.B. Destination |
| JAN 1991 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| DEC 2022 |
| 252.203-7005 |
| Representation Relating to Compensation of Former DoD Officials |
| SEP 2022 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7008 |
| Compliance With Safeguarding Covered Defense Information Controls |
| OCT 2016 |
| 252.204-7012 (Dev) |
| Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2024-O0013 REVISION 1) |
| MAY 2024 |
| 252.204-7015 |
| Notice of Authorized Disclosure of Information for Litigation Support |
| JAN 2023 |
| 252.204-7016 |
| Covered Defense Telecommunications Equipment or Services -- Representation |
| DEC 2019 |
| 252.204-7017 |
| Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation |
| MAY 2021 |
| 252.204-7018 |
| Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services |
| JAN 2023 |
| 252.204-7019 |
| Notice of NIST SP 800-171 DoD Assessment Requirements |
| NOV 2023 |
| 252.204-7020 |
| NIST SP 800-171 DoD Assessment Requirements |
| NOV 2023 |
| 252.204-7024 |
| Notice on the Use of the Supplier Performance Risk System |
| MAR 2023 |
| 252.225-7001 |
| Buy American and Balance of Payments Program |
| FEB 2024 |
| 252.225-7002 |
| Qualifying Country Sources As Subcontractors |
| MAR 2022 |
| 252.225-7048 |
| Export-Controlled Items |
| JUN 2013 |
| 252.225-7055 |
| Representation Regarding Business Operations with the Maduro Regime |
| MAY 2022 |
| 252.225-7056 |
| Prohibition Regarding Business Operations with the Maduro Regime |
| JAN 2023 |
| 252.225-7059 |
| Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation |
| JUN 2023 |
| 252.225-7060 |
| Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region |
| JUN 2023 |
| 252.225-7972 (Dev) |
| Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2024-O0014) |
| AUG 2024 |
| 252.225-7973 (Dev) |
| Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2024-O0014) |
| AUG 2024 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| DEC 2018 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
| 252.244-7000 |
| Subcontracts for Commercial Products or Commercial Services |
| NOV 2023 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| OCT 2024 |
CLAUSES INCORPORATED BY FULL TEXT
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2025-O0003/ DEVIATION 2025-O0004) (MAR 2025) ALTERNATE I (MAR 2025)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision --
"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.
"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
"Sensitive technology"--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern—
(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or
(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).
(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.
"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--
(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or
(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.
"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.
"Small business concern"--
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
"Small disadvantaged business concern, consistent with 13 CFR 124.1001", means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
"Veteran-owned small business concern" means a small business concern--
(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
"Women-owned small business concern" means a small business concern--
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that--
(i) It [ ___ ] is, [ ___ ] is not a small business concern; or
(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]
(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB concern.
(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(5) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1001.
(6) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .
(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.
(9) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.
(10) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.
(12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(5) of this provision.)
___ Black American.
___ Hispanic American.
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
___ Individual/concern, other than one of the preceding.
(d) [Reserved]
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)
(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.
(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no''.
(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).
(iv) The terms "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."
(2) Foreign End Products:
| Line Item No. |
| Country of origin |
| Exceeds 55% domestic content (yes/no) |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
[List as necessary]
(3) Domestic end products containing a critical component:
Line Item No.
(4) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.
(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)
(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.
(B) The terms "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product,'' "commercially available off-the-shelf (COTS) item,'' "critical component,'' "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."
(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."
Free Trade Agreement Country End Products (Other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
| Line Item No. |
| Country of origin |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no''.
Other Foreign End Products:
| Line Item No. |
| Country of origin |
| Exceeds 55% domestic content (yes/no) |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
(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 52.225-3 is included in this solicitation, substitute the following paragraphs (g)(1)(i)(B) and (g)(1)(ii)for paragraphs (g)(1)(i)(B) and (g)(1)(ii) of the basic provision:
(g)(1)(i)(B) The terms "Korean end product", "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."
(g)(1)(ii) The Offeror certifies that the following supplies are Korean end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act":
Korean End Products or Israeli End Products:
| Line Item No. |
| Country of origin |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements".
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.
Other End Products:
| Line Item No. |
| Country of origin |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
(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. 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.
(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).
(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]
(1) Listed end products.
| Listed end product |
| Listed countries of origin |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]
[ ___ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.
[ ___ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—
(1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2) ( ___ ) Outside the United States.
(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.)
[The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]
[ ___ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror ( ___ ) does ( ___ ) does not certify that—
(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;
(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and
(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.
[ ___ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror ( ___ ) does ( ___ ) does not certify that—
(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;
(ii) The…
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