M67861-24-Q-0026 (combo).pdf

M6786124Q0026

Combined Synopsis/Solicitation Opportunity Notice Solicitation Number: M67861-24-Q-0026 Issue Date: 20240813 Closing Response Date: 20240815 at 12:00 pm C.S.T.

Point of Contact (POC) & Contracting Officer (KO): SSgt Braun, E.; ethan.braun@usmc.mil;

GySgt Robles, L. lizbeth.robles@usmc.mil Contracting Office: Marine Forces Reserve - 2000 Opelousas Ave. New Orleans, LA United States 70114 Requirement Description: Armored NTVs NAICS: 561613 Armored Car Services.

This is a combined synopsis/solicitation for commercial commercial services 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; offers are being requested and a written solicitation will not be issued. The solicitation number applicable to this announcement is M67861- 24-Q-0026. This solicitation is issued as a request for quotation (RFQ). All responsible sources may submit a quotation which shall be considered by the agency. Contact the above POCs for information regarding the solicitation. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05 and can be accessed at https://www.acquisition.gov/.

The Contractor’s quoted descriptions shall reflect the characteristics and level of quality that will satisfy the Government’s need as described in the Schedule of Supplies/Services. The quoter must clearly demonstrate that they can meet the solicitation requirements and the requested delivery start date listed on the pages of this document. Quoters must provide their delivery lead times after receipt of order for supplies and period of performance for services if different than requested dates listed in the solicitation document. List by line item if the delivery lead time differs from one line item to another. This should be visible on the face of the quote and not incorporated as a link or other attachment.

It is the Government’s intent to award a single firm-fixed price award on an “all-or-none” basis to satisfy this requirement using procedures in accordance with FAR Part 12, Acquisition of Commercial Items, and FAR Part 13, Simplified Acquisition Procedures.

A comparative evaluation will be performed in accordance with FAR 13.106-2(b)(3) using: price and non-price factors of: technical capability and past performance for relevant similar work. The government reserves the right to select a response that provides benefit to the government that exceeds the minimum requirements, but is not required to do so. The awarded response may exceed the identified requirements in one or more ways and may or may not provide the lowest price, but does provide benefit to the Government as determined by the KO. The Government is not bound to make award to a response that exceeds the requirements if it provides no value or benefit to the Government. The Government may use information such as DoD PPIRS, SPRS and FAPIIS data available from Government sources to evaluate a Quoter's past performance. Potential awardee will be screened for responsibility in accordance with FAR 9.104.

52.212-1 ADDENDUM

ADDENDUM- 52.212-1 - INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

mailto:ethan.braun@usmc.mil mailto:lizbeth.robles@usmc.mil https://www.acquisition.gov/

GENERAL INTENTION. Marine Forces Reserve (MFR) has a commercial requirement for up armored non-tactical vehicles as detailed in SOW. In accordance with FAR Parts 12 and 13, the MFR Regional Contracting Office is issuing a commercial solicitation for the acquisition of such supplies/services. Required specifications are listed in the Schedule of Supplies/Services and SOW within this solicitation. 561613 Armored Car Services with size standard of $38.0M applies.

TECHNICAL APPROACH. Contractor’s quoted items and service descriptions shall reflect the characteristics and level of quality that will satisfy the Government’s need as described in the Schedule of Supplies/Services. Descriptive literature is required with all quotes. Quoters should submit sufficient descriptive literature to permit the contracting agency to assess whether the product proposed meets all the salient characteristics specified in the solicitation. It is the quoters responsibility to furnish sufficient information and detailed specifications to the government to determine acceptability of the quoted item/service(s). Failure to provide quotes that meet the salient characteristics may result in quote being considered non-responsive.

TECHNICAL COMPLIANCE.

a. The quoter must clearly demonstrate that they can meet the solicitation requirements.The contractor personnel qualifications, applicable certifications and method of performing tasks for all items quoted shall be clearly stated in the quote.

b. Clearly state whether the quoter can meet the requested performance start date / delivery date.

Vendors who cannot meet the required date may be considered technically unacceptable.

c. All offerors must have completed the representations and certifications for provisions/clauses listed in this solicitation that require completion: Offeror(s) should complete full-text provisions/clauses included in this solicitation as applicable either: a) manually within this solicitation document or b) completed their Representations and Certifications registration in the System for Award Management (SAM) https://sam.gov/content/home

d. SOLICITATION CONTRACT LINE-ITEM NUMBER (CLIN) STRUCTURE.

Potential Offerors should submit offers in the same CLIN structure as outlined in the solicitation for offer evaluation purposes. However, an alternate line-item structure can be submitted as an additional attachment consolidating like line items and pricing for award consideration.

e. REQUIRED DELIVERY/PERIOD OF PERFORMANCE.

FOB Destination. Refer to SOW. Vendors are encouraged to state soonest date capable of guaranteeing delivery / start of performance if unable to meet RDD listed.

SUBMISSION OF QUOTES.

Quotes shall be submitted no later than the time and date specified on page 1 of the combined synopsis/solicitation document. Quotes shall be submitted electronically via electronic mail (e-mail) to SSgt Braun, E.; ethan.braun@usmc.mil and GySgt Robles at lizbeth.robles@usmc.mil. Each email may not exceed 5MB in size due to this agency’s server/network restrictions. Vendors may submit multiple emails to ensure a complete quote is received prior to the solicitation closing date and time.

Vendors are responsible for ensuring their quotes have been received via email by the date and time https://sam.gov/content/home specified on page 1 of this combined synopsis/solicitation document. Delivery delays that cause a quote to be late are not the responsibility of the Government agency. Quoters shall provide their full vendor name and any doing business as names as certified in the mandatory System for Awards Management at www.sam.gov. Quotes shall also include a vendor point of contact information (name, phone, and email), Cage Code, and Tax ID (TIN/EIN) number.

No telephone calls will be accepted regarding this solicitation. Interested quoters shall submit any questions, in writing, electronically to SSgt Braun, E.; ethan.braun@usmc.mil and GySgt Robles, L.

at lizbeth.robles@usmc.mil.

Any direct customer contact by Quoters is not authorized during the solicitation phase or your quote may be at risk of being eliminated from consideration for this solicition.

Statement of Work

USMC PEP Colombia

1.0 GENERAL: This requirement is for two Light Armored Vehicles for the mission-related use of the USMC PEP in Cartagena and Coveñas, Colombia. The personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the United States (U.S.) Government (hereinafter referred to as “Government”) and its employees. The Government shall not exercise any supervision or control over the Contractor’s employees performing the tasks herein. Such contract employees shall be accountable solely to the Contractor who, in turn shall be responsible to the Government.

1.1 Scope of Work: Under this contract, the Contractor shall furnish all labor, transportation, equipment, materials, and any other items and services necessary to provide the armored vehicles as defined in this SOW.

1.2 Background: USMC PEP has missions in Colombia that require movement beyond Cartagena and Coveñas. The USMC PEP personnel require transportation in support of their current operations. Due to security concerns, vehicles utilized must be armored in accordance with the required specifications.

1.3 Objectives: The objective is to continuously provide the PEP with fully operational, armored vehicles that provide protection as described per armor specifications.

1.4 Required Delivery: Contractor shall provide (1) vehicle to be picked up in Cartagena, Colombian Naval Base and (1) vehicle to be picked up in Coveñas/Sucre, at the Marine Corps Training Base.

1.5 Period of Performance:

Base Year: 15 September 2024 – 14 September 2025 Option Year 1: 15 September 2025 – 14 September 2026 Option Year 2: 15 September 2026 – 14 September 2027

2.0 ARMORED VEHICLE SPECIFICATIONS: The Contractor shall provide armored vehicles that provide 360 degree protection in accordance with the National Institute of Justice, Ballistic Resistant Protective Materials, and NIJ Standard 0108.01 Level IIIA. All armoring must meet this standard.

Independent ballistic testing of armoring material will be provided as part of the vendor’s proposal.

The armoring will include 360 degree armoring that ensures the vehicle’s interior passenger compartment; including roof and floor are protected. The 360 degree armoring must also provide 100% protection of the vehicle’s critical mechanical, hydraulic and electrical components, and the vehicular management systems. Contractor shall be required to provide compliance documentation for all armored vehicles. See website https://www.justnet.org/pdf/0108.01.pdf for complete details.

2.1 All vehicles manufactured year shall be 2018 or newer. Vehicles must be in excellent operational/functional running condition in accordance with the Original Equipment manufacturers manual. If the vehicle falls out of excellent running condition contractor shall be responsible for replacement at no additional cost to the Government.

2.2 Tires shall have hard rubber inserts in the run-flat tires, not steel. Radiators shall have a bullet guard in front. Bullet-proof protection for the engine compartment and radiator shall be installed. The Fuel Tank shall be armored. Armored windows shall be tinted and one composite piece of glass.

2.3 Vehicle Type:

DESCRIPTION OF THE REQUIREMENT

Light Armored Vehicle Lease – Includes insurance, scheduled and unscheduled maintenance, repair parts, materials, supplies, and any other associated equipment, with the following/ minimum specifications/characteristics:

Vehicle: SUV Mid-Size or larger.

Manufactured Year: 2018 or newer.

No. of Seats/Passenger Capacity: Seven (7).

No. of Doors: Five (5) Trunk door may be top-hinged or side-hinged.

Engine Fuel: Gasoline or Diesel.

Cylinder Engine: 3,900 cc or larger (If is Gasoline) / 2,900 cc or larger (If is Diesel) / 2,150 cc (If Turbo Diesel).

NOTE: If the documents do not show any of the above specifications, vendor shall certify that the vehicles proposed comply with and meet the above specifications. This certification shall be in the company letterhead and signed by an authorized representative of the company.

2.4 COMPLIANCE WITH COLOMBIAN SUPERVIGILANCIA REGULATIONS:

Colombian law requires that all companies leasing armored vehicles be registered with the Supervigilancia and that each individual vehicle also be so registered. Rental vehicles shall be owned and registered in the name of the company leasing that vehicle. Each vehicle shall be insured to the limits required by law in the name of the vehicle’s owner. Prior to issuance of the contract, the contractor shall provide proof of vehicle registration, ownership and insurance for each vehicle proposed.

2.5 INSURANCE: Contractor shall provide full insurance coverage for all vehicles IAW Colombian laws and regulations including an up to date Seguro Obligatorio de Accidentes de Tránsito (SOAT).

3.0 ARMORED VEHICLE: The armored vehicle will be provided to Government personnel in accordance with schedules provided by the customer after award of a contract.

3.1 REGULAR SCHEDULE: The Contractor shall provide and ensure that the vehicle will be available for 24 hours a day, seven days a week, and 365 days a year during the period of performance.

3.2 RESPONSE TIME: The Contractor shall respond to all requests within 12 hours. In the case of an accident or a vehicle breaking down, the Contractor shall provide a replacement within 24 hours or less.

3.3 SAFETY AND MAINTENANCE: The contractor shall comply with all local safety requirements and ensure that all reasonable efforts are made to protect all persons from harm and Government property from damage. All vehicles shall meet all Colombian safety requirements and have, as a minimum, the following safety features: rear and front lights, rear view mirrors, windshield wipers, parking brake, and horn. Both the vehicle exterior and interior shall be free of excessive soil, rust and damage. Corrective and preventive maintenance shall be provided as needed at the site where the vehicle is being utilized. The contractor is responsible for all maintanence. The contractor is responsible for contacting the customer and scheduling regular or preventative maintanence (oil change, cleanging, etc) at the customer’s convenience. If the vehicle needs to be repaired or maintained for more than

(12) hours, a replacement will be provided.

4.0 VEHICLE DAMAGE: The Government shall not be responsible for loss of or damage to leased vehicles, except for:

(i) Incidents involving gunfire.

(ii) Incidents involving explosives.

5.0 INSPECTION: Vehicle(s) shall be inspected prior to contract award and before each performance period. The contractor will provide the Government with an inspection checklist. Once inspection is completed, a copy of the inspection will be retained by the Government Representative.

5.1 The contractor shall remove any part(s) of the vehicle if necessary, during vehicle inspection. The Government inspector shall not remove any vehicle part without consulting the contractor.

5.2 If the contractor cannot provide vehicle(s) that pass inspection, the vendor shall be ineligible for award and/or the contract may be terminated for cause.

5.3 Vehicles shall be inspected prior to use when vehicle is replaced with another vehicle.

5.4 Contractor must retain/file all inspection results.

5.5 Documents Required for Vehicle Inspection: The contractor shall provide hard copies to the customer of the following documents/information at vehicle inspection:

a. License provided by the Supervigilancia entity for the armored vehicle (Requested by Supervigilancia - Colombian Law)

b. Armored vehicle permit requested by Supervigilancia - Colombian Law

c. Automobile insurance SOAT requested by Ministry of Transportation - Colombian Law

d. Liability Insurance requested by the Embassy Mission Policy No 2010-001 Summary of Motor Vehicles Safety Management

e. Proof of ownership requested by Ministry of Transportation-Colombian Law

f. Maintenance program

i. Vehicle manufacturer, year, make, model, size, and type.

ii. Vehicle chassis VIN number, license plate number, and vehicle number.

iii. A checklist of major vehicle components requiring scheduled maintenance or service—component list.

iv. Annual safety inspections—either as a separate line item or identified in a line item with an interval that meets the requirement of annual inspection (the safety components inspected should be identified in the checklist).

v. Scheduled maintenance activities to be performed, identified by either date (time period), odometer reading (elapsed mileage), or number of lift cycles.

vi. Dates the scheduled maintenance or service was actually completed, including any repairs made, depending on software used.

vii. Vehicle odometer mileage at time of each maintenance or service.

viii. Warranty maintenance service performed, whether noted as part of the regular scheduled maintenance, or performed separately.

ix. POC information of person who performed the maintenance.

g. Armor certificate [requested by Supervigilancia that certifies armor installed on the LAV which is provide by the business entity that installs armor on the vehicle(s)]

h. Ballistic Certificate.

6.0 SUBCONTRACTING: Subcontracting is NOT authorized under this agreement. The vehicles leased shall be owned by the contractor.

7.0 VEHICLE SUBTRACTIONS: The Government reserves the right to reduce number of vehicles provided during the period specified in the contract. If this occurs, a minimum 15-day notification will be provided to the contractor. Cost under the contract will be reduced accordingly based on the pro-rated vehicle price.

8.0 VETTING. The Contractor must have be vetted by the U.S. Embassy in the country which the contract will be performed. For the purposes of this contract, the contractor is considered vetted if it is located in the country which the contract will be performed unless the it has been previously barred from performing services for the Government. If during a previous vetting process the contractor was barred from performing service for the Government, then that is grounds for termination of the contract. If the contractor is located outside of the country which the contract will be performed, the contractor shall be vetted by the U.S. Embassy in the country of performance. Vetting shall be coordinated through the U.S. Embassy's DOD Security Cooperation Office in the country of performance. If, during any previous vetting process in other countries, the contractor is barred from performing services for the Government, it is grounds for termination of the contract.

9.0 PAYMENT TERMS: NET 30. Invoices must be submitted via Wide Area Workflow (WAWF) in accordance with DFARS 252.232-7006 which is included in this solicitation.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Light Armored Vehichle

FFP

Cartagena, Colombia Level IIIA armor standard

FOB: Destination

PURCHASE REQUEST NUMBER: M000904599201

PSC CD: W023

NET AMT

0002 12 Months Light Armored Vehichle

FFP

Covenas, Colombia

PURCHASE REQUEST NUMBER: M000904599201

1001 12 Months OPTION Light Armored Vehichle

FFP

1002 12 Months OPTION Light Armored Vehichle

FFP

2001 12 Months OPTION Light Armored Vehichle

FFP

2002 12 Months OPTION Light Armored Vehichle

FFP

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 0002 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 15-SEP-2024 TO

14-SEP-2025

N/A PP&O

MAJOR SCOTT WILLIAMS

UNITED STATES EMBASSY

CI. 24 BIS #48-98

BOGOTA

57 321 851 2112

M00090

0002 POP 15-SEP-2024 TO

14-SEP-2025

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 15-SEP-2025 TO

14-SEP-2026

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 15-SEP-2025 TO

14-SEP-2026

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 15-SEP-2026 TO

14-SEP-2027

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 15-SEP-2026 TO

14-SEP-2027

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

SEP 2023

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

NOV 2023

52.225-14 Inconsistency Between English Version And Translation Of Contract

FEB 2000

52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving

MAY 2024

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 252.201-7000 Contracting Officer's Representative DEC 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 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors

JAN 2023

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 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 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

252.225-7987 (Dev) Requirements for Contractor Personnel Performing in the U.S. Southern Command Area of Responsibility

(DEVIATION 2021-O0004)

FEB 2021

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.244-7000 Subcontracts for Commercial Products or Commercial Services

NOV 2023

252.246-7003 Notification of Potential Safety Issues JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

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

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

https://www.sam.gov/

(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 offers:

(i) technical capability offered to meet the Government requirement;

(ii) price;

(iii) relevant past performance for similar work

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

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

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

COMMERCIAL SERVICES (MAY 2024)

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

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

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

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

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

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

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

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

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

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

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

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

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

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

"Small business concern"--

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

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

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

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

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

(3) 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: ___ .

http://www.sam.gov/

(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.

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

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

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB

Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

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

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

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

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

(2) Foreign End Products:

Line Item No. Country of origin Exceeds 55% domestic content (yes/no)

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No.

(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:

(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:

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:

(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…