4.02 COMBINED SYNOPSIS N00244-25-Q-0083.docx
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- Solicitation number
- N0024425Q0083
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This is a Combined Synopsis/Solicitation document (N00244-25-Q-0083) for commercial laundry services at Naval Base Ventura County (NBVC), CA. The requirement is for weekly pick-up, delivery, washing, drying, pressing, and folding of government-owned linens, with the contractor providing all personnel, equipment, supplies, facilities, transportation, tools, materials, and supervision.
This is a 100% Small Business Set-Aside under NAICS code 812320 with an $8 million size standard. The contract will be awarded as a Firm-Fixed Price (FFP) agreement with a base year (March 1, 2025 - February 28, 2026) and three one-year options extending through February 28, 2029. Quotes are due by February 20, 2025 at 11:00 AM PST, with questions due by February 18, 2025. Award will be made on a Lowest Price Technically Acceptable (LPTA) basis considering technical capability, past performance, and price. The contract will be administered by the Department of the Navy Naval Supply Systems Command, with inspection and acceptance at NBVC. Payment will be made through Wide Area WorkFlow.
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| File | Type | Posted |
|---|---|---|
| 4.02 Amendment 0001_N00244-25-Q-0083.docx | DOCX document | |
| 1.02 PWS - FY25 NBVC Laundry Services.pdf | ||
| 4.02 Pricing Sheet- N0024425Q0083.xlsx | XLSX spreadsheet |
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COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL SERVICES
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; “quotations” are being requested, and a written solicitation document will not be issued.
The solicitation number N00244-25-Q-0083 is being issued as a Request for Quote (RFQ). RFQ N00244-25-Q-0083 shall be used to reference any written quote provided under this solicitation. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2025-03 published in the Federal Register on January 17, 2025. Small business joint venture offerors have to submit the joint venture representations at paragraph (c) of Federal Acquisition Regulation (FAR) solicitation provision 52.212- 3, Offeror Representations and Certifications-Commercial Products and Commercial Services, and paragraph (c) of FAR solicitation provision 52.219-1, Small Business Program Representations, with each offer.
This is a 100% Small Business Set-Aside competition requirement. The North American Industry Classification System (NAICS) code for this project is 812320 with a size standard of $8 (millions of dollars).
All interested companies shall provide a quotation for laundry services to include the weekly pick-up & delivery, washing, drying, pressing, and folding. The work herein consists of providing laundry services of government owned linens. Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform laundry services as defined in this Performance Work Statement (PWS). Request for laundry services would be contracted with a base year and three (3) option years.
Period of Performance:
Base: 01 March 2025 to 28 February 2026 OY1: 01 March 2026 to 28 February 2027 OY2: 01 March 2027 to 29 February 2028 OY3: 01 March 2028 to 28 February 2029 Delivery: Naval Base Ventura County (NBVC), CA Inspection and acceptance: At destination by the Government.
Method of Payment: Wide Area WorkFlow Contract Type: Order/ Contract resulting from this solicitation will be Firm Fixed Price (FFP).
Addenda to provision 52.212-1 are included herein. The provision 52.212-2 is applicable and specific evaluation criteria included in paragraph (a) of the provision. Award shall be made to the quoter, whose quotation, is evaluated as the lowest priced technically acceptable. The government will evaluate information based on the following evaluation criteria: (1) technical capability factor “meeting or exceeding the requirement listed in the Performance Work Statement (2) Past Performance and (3) Price. Offerors shall include a completed copy of provision 52.213-3 and its Alternate I with its quote. The clause 52.212-4 is applicable. The clause 52.212-5 is applicable and properly indicated with which FAR provisions and clauses are applicable to this procurement.
Additional Contract requirements:
NOTE 1: Failure to provide all services listed in the PWS will result in rejection of quotation. The vendor must be able to meet all of these requirements and must submit a quote that identifies and shows they can meet all of these requirements. Otherwise, the quote will be rejected and the vendor will not be considered for award.
NOTE 2: Failure to meet the Evaluation Criteria will result in rejection of quotation. NOTE 3: NO partial bids allowed.
NOTE 4: The method of payment for this procurement shall be Wide Area WorkFlow.
Defense Priorities and Allocations System (DPAS) and assigned rating: N/A This combined synopsis/solicitation will close at 11:00 AM (PST) on 20 February 2025. Submit vendor quote to the Contract Specialist, Ms. Elisa Allison, via email to the address elisa.r.allison.civ@us.navy.mil and stating - SOLICITATION N00244-25-Q-0083 Naval Base Ventura County (NBVC) Laundry Services.
Questions on this solicitation shall be submitted to the Contract Specialist via email. The Government will attempt to answer all questions in timely manner and will be made available publicly. However, question(s) submitted near the solicitation closing date may not provide sufficient time for the Government to respond. Therefore, quoters are hereby directed to submit question(s) no later than 11:00 AM (PST) on 18 February 2025. QUESTIONS AND CONCERNS REGARDING THIS SOLICITATION HAVE TO BE SUBMITTED VIA EMAIL. ANSWERS FOR THIS SOLICITATION WILL BE PROVIDED IN THE FORM OF AN AMENDMENT TO THIS SOLICITATION.
52.212-2 EVALUATION--COMMERCIAL ITEMS (NOV 2021)
a) The Government will make a single award to the responsible Offeror using a best value trade-off process. The Government intends to award on initial quotes. The following factors shall be used to evaluate quotes:
Factor I – Technical Factor II – Past Performance Factor III- Price
Offeror(s) is(are) required to include a completed copy of the provisions at 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment and 52.212-3, Offeror Representations and Certifications - Commercial Items, with their quotation.
Addenda to provision 52.212-1 are included herein. The provision 52.212-2 is applicable and specific evaluation criteria included in paragraph (a) of the provision. Offerors shall include a completed copy of provision 52.213-3 and its Alternate I with its quote. The clause 52.212-4 is applicable. The clause 52.212-5 is applicable and properly indicated with which FAR provisions and clauses are applicable to this procurement. The following FAR/DFARS provisions and clauses apply to this solicitation and are incorporated by reference:
CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE
52.204-7 52.204-9 52.204-13 System for Award Management Personal Identity Verification of Contractor Personnel System for Award Management Maintenance
NOV 2024
JAN 2011
OCT 2018
| 52.204-16 |
| Commercial and Government Entity Code Reporting |
| AUG 2020 |
| 52.204-18 |
| Commercial and Government Entity Code Maintenance |
| AUG 2020 |
| 52.204-19 |
| Incorporation by Reference of Representations and Certifications. |
| DEC 2014 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| NOV 2023 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.243-1 |
| Changes-Fixed-Price |
| AUG 1987 |
| 52.246-1 |
| Contractor Inspection Requirements |
| APR 1984 |
| 52.247-34 |
| F.O.B. Destination |
| JAN 1991 |
| 52.249-1 |
| Termination for Convenience of the Government (Fixed-Price) (Short |
Form)
APR 1984
| 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 |
| 252.204-7009 |
| Limitations on the Use or Disclosure of Third-Party Contractor Reported |
Cyber Incident Information
JAN 2023
| 252.204-7012 |
| Safeguarding Covered Defense Information and Cyber Incident Reporting |
| 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 |
| 252.211-7003 |
| Item Unique Identification and Valuation |
| JAN 2023 |
| 252.215-7007 |
| Notice of Intent to Resolicit |
| JUN 2012 |
| 252.223-7008 |
| Prohibition of Hexavalent Chromium |
| JAN 2023 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| APR 2022 |
| 252.225-7048 |
| Export-Controlled Items |
| JUN 2013 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| DEC 2018 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
| 252.244-7000 |
| Subcontracts for Commercial Items |
| NOV 2023 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| OCT 2024 |
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services— Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision—
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(d) Representation. The Offeror represents that—
(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.
The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—
It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
ADDENDUM to FAR 52.212-1 Instructions to Offerors Addendum to FAR 52.212-1(b), Submission of quotes. This paragraph is tailored as follows:
Provision at 52.212-1, Instructions to Offerors—Commercial, applies to this acquisition. Note below that an addenda to the provision 52.212-1(b) has been incorporated to solicitation N00244-25-Q-0083.
Introduction and Purpose: This section specifies the format that Quoter shall use in this RFQ. The intent is not to restrict the quoters in the manner in which they will perform their work but rather to ensure a certain degree of uniformity in the format of the responses for evaluation purposes.
The Government anticipates award of single Firm Fixed Price (FFP) contract resulting from this solicitation. All responses to solicitation N00244-25-Q-0083 identify the Quoter’s agreement with all terms, conditions, and provisions included in this solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation will be excluded from consideration.
Quotes shall be submitted to Elisa Allison at elisa.r.allison.civ@us.navy.mil no later than 11:00 AM (PST) on 20 February 2025. Quoters shall submit their quotes via email only.
Each attachment shall contain the following items in addition to the other information required by this solicitation:
Quote: The quote shall indicate the following:
· Title of the Quote
· RFQ Number
· Name and address of Quoter, Cage Code, Unique Entity ID, and applicable Tax I.D. Number (TIN)
· Quote validity period for 30 days from solicitation closing
· FACTOR I - The technical approach.
· FACTOR II - No more than 3 relevant and recent past performance references (Relevancy refers to how similar this work is to what the RFQ asks for and Recency refers to work performed within the past three years.)
· FACTOR III- Price
Quoters are advised to submit Quotes that are complete and clear in all respects without a need for additional explanation or information. Quoters are cautioned against general, vague, or insubstantial statements that prevent or render difficult the concise evaluation of the proposal. The proposal must be sufficient and complete to demonstrate how the Quoter proposes to comply with the contract requirements. Brochuremanship is not desired; clarity and completeness are essential. Quoters are cautioned against restating PWS requirements in their quote, particularly with regard to technical requirements and must state how all RFQ and PWS requirements will be met. Statement such as “the Quoter understands” and “the Quoter shall/can comply,” along with responses that paraphrase the RFQ, are inadequate. The use of phrases such as “standard practices” (with a specific Government reference or industry reference) does not indicate that a Quoter understands the requirements and will result in an unacceptable evaluation. Quoters are hereby notified that the Government may contact references submitted by Quoters in the Past Performance and may use information in Government files or from other sources to verify information provided in the Quoter's proposal.
52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERICAL SERVICES (NOV 2021)
a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:
Factor I – Technical (Do Not Include Pricing Info) Factor II – Past Performance Factor III – Price
The Government will make a single award to the responsible Offeror using a lowest price technically acceptable (LPTA) source selection. The Government intends to award on initial quotes but reserves the right to conduct discussions.
b) Options. (if applicable) The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a quote 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 a quote, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the quote's specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
***ADDENDUM to FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS (NOV 2021)
If three (3) or fewer quotes are received, the Government will evaluate all quotes for technical acceptability. If more than three (3) quotes are received, the Government will then evaluate the three (3) lowest priced quotes for Technical Acceptability. However, the Government reserves the right to evaluate additional quotes for technical acceptability. When the agency determines that none of the initial three (3) lowest priced quotes are qualified as acceptable, the Government may evaluate additional quotes for technical acceptability. If additional quotes are evaluated, they will be evaluated in the order of increasing total evaluated price. The agency will reject and not consider for award any quote found technically unacceptable and ineligible for award under the terms of this RFQ.
Best Value will be based on a Lowest Price Technically Acceptable (LPTA) approach. For this solicitation, best value means a single purchase order shall be made to the responsible contractor whose quote is technically acceptable and quotes the lowest total evaluated price. The following three (3) factors shall be used to evaluate quote(s):
TECHNICAL APPROACH will be assessed by evaluating the vendor’s Technical Capability Submission. Technical Approach The Quoter’s Technical Capability, which represents the minimum technically acceptable criteria, is listed below:
1. A quote that addresses ALL of the required items and technical support listed on the PWS. NOTE: If the contractor fails to address in their quote submission any of the above, they will be deemed unacceptable and will not be further considered for award
The term “technical,” as used herein, refers to non-cost factors other than past performance. The purpose of the Technical Capability factor is to assess whether the Quoter’s proposal will satisfy the Government’s requirements. The Technical Evaluation Team shall evaluate the Quoter’s submission against these requirements to determine whether the proposal is acceptable or unacceptable, using the ratings and descriptions outlined in Table M-1.
| TABLE M-1 |
| TECHNICAL RATING |
| Overall Rating |
| Description |
| Acceptable |
| Quote clearly meets the minimum requirements of the RFQ. |
| Unacceptable |
| Quote does not clearly meet the minimum requirements of the RFQ. |
PAST PERFORMANCE
Offeror’s past performance information will be used to make a determination of whether the offeror has a satisfactory record of past performance. Offerors should, therefore, provide performance history and references to demonstrate satisfactory performance of similar contracts performed within the past two years. Relevant work refers to “how similar this work is to what the RFQ asks for” and Recency refers to “work performed within the past two years.”
Past Performance information shall be completed as follows:
Three (3) relevant and recent past performance references (Relevancy refers to “how similar this work is to what the RFQ asks for” and Recency refers to “work performed within the past three years”).
Information on problems encountered on each identified contract and the Offeror’s corrective action.
In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)
(2) (iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”
Past Performance Evaluation Ratings
| Rating |
| Description |
| Acceptable |
| Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note |
below).
| Unacceptable |
| Based on the offeror’s performance record, the Government has no |
reasonable expectation that the offeror will be able to successfully perform the required effort.
PRICE
Quoter shall provide sufficiently detailed information to ensure a fair and reasonable determination of the quote.
The Quoter shall provide a single summary quote that supports the total amount of the services listed in the PWS. Pricing shall be firm-fixed pricing.
(End of provision)
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"—
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 at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Subsidiary means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
Veteran-owned small business concern means a small business concern—
(1) Not less than 51 percent of which is owned 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 least51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, 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.
(d) Representations required to implement provisions of Executive Order11246- (1) Previous contracts and compliance. The offeror represents that-
(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It □ has, □ has not filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that-
(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)
(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product 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. ___
[List as necessary]
(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 |
| __________________ | __________________ |
| __________________ | __________________ |
| __________________ | __________________ |
[List as necessary]
(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) | |
| __________________ | __________________ | _________________ | |
| __________________ | __________________ | _________________ | |
| __________________ | __________________ | _________________ |
[List as necessary]
(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. ___
[List as necessary]
(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. | Country of Origin |
| __________________ | __________________ |
| __________________ | __________________ |
| __________________ | __________________ |
[List as necessary]
(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…
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