N4215824Q0019 Synopsis Solicitation.docx

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Part 12, Acquisition of Commercial Items, using Simplified Acquisition Procedures for Commercial Items found at FAR 13, as supplemented with the additional information included in this notice. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation shall be posted on The Official U.S. Government System for Contract Opportunities at SAM.GOV. The RFQ number is N4215824-Q-0019. This solicitation documents and incorporates provisions and clauses in effect through FAC 2024-05 and DFARS Change 20240530. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://www.acquisition.gov/browse/index/far and http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html. The NAICS Code is 532490 (Other Commercial and Industrial Machinery and Equipment Rental and Leasing) and the Small Business Standard is $40M. This is a 100% total small business set-aside, competitive action.

NNSY requires vendors capable of providing all required services, labor, material and equipment necessary to successfully supply RENTAL SERVICES OF ONE (1) CHILL WATER SYSTEM in accordance with the Statement of Work found in the solicitation herein.

The period of performance of this rental services requirement is from August 25, 2024 through September 24, 2024.

Daily, Weekly (7 Days) and Monthly (30 Days) shall be submitted.

Solicitation closes and responses to this RFQ are due on Tuesday, Aug 6th at 4:00 PM EST.

Quotes must be submitted via e-mail to sean.w.mcbride3.civ@us.navy.mil and shakir.o.shinaba.civ@us.navy.mil. Quotes must include an equipment specification sheet and completion of the mandatory clause, 52.204-24(d)(1) to be considered for award.

By response to this Request for Quotes, the contractor agrees to furnish and deliver all items set forth or otherwise identified above and on any additional sheets subject to the terms and conditions specified.

If there are any questions, please contact Mr. Sean McBride or Mr. Shakir Shinaba, who can be reached at email sean.w.mcbride3.civ@us.navy.mil and shakir.o.shinaba.civ@us.navy.mil

STATEMENT OF WORK

1. Scope:

1.1 JO/KO:

1.2 Title: Temporary Chill Water

1.3 Location of work: Nuclear Power Training Unit (NPTU) Goose Creek, SC 29445.

2. Reference:

2.1 State and Federal Codes: ANSI, NEMA, NEC, and the ASME Pressure Vessel Code

3. General Specifications:

3.1 New or used equipment may be provided. NPTU reserves the right to inspect the proposed equipment prior to contract award.

3.2 Chiller Unit(s) must be capable of operating in an industrial environment where dust, dirt, and sea air are present. The Chill Water Unit will be exposed to everyday weather. It is the contractor's responsibility to provide any protective coverings for the unit.

3.3 The government reserves the right to return one or all units at any time prior to the expiration of the rental period. The contractor agrees to prorate costs for the time the units are in use by NPTU only. The government agrees to give the contractor twenty-four (24) hours notice for return of units prior to expiration of rental period.

4. Equipment Requirements:

4.1 Chill Water Unit must be a minimum 100 Ton and maximum 110 ton Capacity Chiller.

4.2 Must be air-cooled.

4.3 Must be operable on a single 460/480 (V), 400 Amp Breaker (MAXIMUM).

4.4 Must be provided with a male 500 mcm Camlock electrical connection.

4.5 Single Circulating pump (minimum).

4.6 CRITICAL SYSTEM SUPPORT: Unit must be capable of operating twenty-four (24) hours a day, seven (7) days a Week.

4.7 At a minimum, the pumping system shall be capable of providing a range of 200 GPM minimum and up to 350 GPM at 150 feet of head pressure. Pump doesn’t have to be integral to the chiller unit.

4.8 Unit must have two (2) each inlets. Inlets must be 2-1/2” Male NPT. All inlet connections shall have isolation globe valves installed.

4.9 Unit must have two (2) each outlets. Outlets must be 2-1/2” Male NPT. All outlet connections shall have isolation globe valves installed.

4.10 Unit must be capable of operating in an industrial environment where dust, dirt, and sea air are present.

4.11 The gross weight of the unit shall be clearly marked on the outside of the unit as outlined in Paragraph 11. If the unit is not a complete unit, the gross weight of each component shall be clearly marked on each component.

4.12 Contractor to adhere to the rigging requirements as outlined in Paragraphs 11 and 12 for contractor equipment at NPTU Charleston.

4.13 Unit must be free standing and have forklift slots (capable of being moved with a forklift). If the unit is not a complete unit, each component shall be capable of being moved with a forklift as well.

4.14 Chiller Unit(s) to be equipped with operational Inlet and Outlet Pressure Gages. Pressure gages are to be located on the contractor provided supply and discharge manifolds.

4.15 Units shall have an electric monitoring system that monitors inlet and outlet temperatures and flow rates.

4.16 Desired output water temperature range is 45° F - 55° F.

4.17 Evaporator must be capable of delivering a leaving temperature of less than 45 °F.

4.18 Condenser must be capable of operating in a wide ambient temperature range (0-125 °F)

4.19 Within the cooling loop there must be a reservoir/tank capable of holding at least 250 gallons of cooling water or as required to support system design. Reservoir/tank shall be vertical and have a maximum diameter of 36”. Reservoir/tank is required to account for small leaks. Reservoir/tank must be transparent in order to visibly verify the water level within the tank.

4.20 Shown in figures below, Contractor is to provide all equipment from the return manifold to the supply manifold. System shall be a complete unit. If pump is separate, vendor will provide and install all piping/valves/fittings as required to couple pump to the Chill Water Unit. Vendor is to provide extra fittings and hoses to support installation, as required. If the system requires assembly, the system shall be assembled in such a way that it does not cause tripping hazards by minimizing the lengths of hoses between components. If lengths of hoses are longer than needed, it should be able to be coiled and put somewhere out of the way of normal foot traffic. Hoses shall be routed in a way that does not cause the hose to kink and reduce flowrate.

4.21 If chiller system holds 55 gallons or more of fuel or oil or similar fluid, provide an environmental catch tank capable of holding at least 110% of the capacity of the fuel, oil and other fluids required to operate the rental unit.

4.22 Unit must be affixed with a metal tag designating the supplying company, a POC responsible for repairs and maintenance, and a phone number for the POC who is responsible for repairs and maintenance.

4.23 Contractor must provide instruction manual and training as requested.

4.24 Each system shall include a bypass line in order to flow water when no services are connected to the contractor supplied manifolds. This bypass line shall include globe valves so the flow can be throttled as required to suit Ship’s demand and to keep the chiller units running under low flow/pressure conditions.

4.25 Contractor provided equipment (i.e. hoses, manifolds, etc.) shall have insulation installed around them to reduce temperature losses in the Chill Water System.

Figure (1) – Line Diagram of Proposed Chiller System

5. Contractor Requirements:

5.1 Provide POC information (name and phone number) for service/repair of equipment directly on the rental equipment. Contact information must be packaged to withstand being located in an industrial environment.

5.2 Equipment delivery, setup and removal is to be at no cost to the government.

5.3 If the unit requires assembly, the contractor shall assemble the unit at no cost to the government.

5.4 Provide all parts requiring repair or replacement under circumstances of normal equipment wear and tear at no additional charge.

5.5 Contractor is responsible for ensuring that all preventative maintenance is performed on equipment prior to delivery to the government as well as performing preventative maintenance as specified by the equipment’s manufacturer preventative maintenance schedule during the term of the rental period with the government. Contractor is responsible for all travel associated with preventative maintenance. Contractor is responsible for providing service technicians that are able to meet the badging and security requirements of NPTU Charleston.

5.6 The contractor shall dispatch a representative that will arrive onsite in response to a service request to repair/service the chill water unit within four (4) hours of notification by NPTU at no additional charge, regardless if request is placed during normal business hours.

5.7 If required, contractor service shall be provided within 24 Hours after notification by the contracting officer or his representative. In the event the machine cannot be returned to service within 48 Hours of notification, a replacement shall be delivered at no extra charge to the government.

5.7.1 Names and contact information for NPTU LOTCs and / or the Facility Custodian will be provided by NPTU TPOC and / or CORs set forth elsewhere in this award document.

5.8 When the equipment is required to be removed to the contractor's facility for repair or replacement, the contractor shall be responsible for loss or damage from the time it leaves the government site until it is returned to the government.

5.9 “Per FAR Clause 52.217-8: The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extensions of performance hereunder shall not exceed 6 months.”

5.10 Provide start up training of equipment to the government. Contractor is responsible for all travel associated with providing start up training of equipment to the government.

5.11 Clean the Chill Water Unit prior to delivery to the following requirements:

5.11.1 Chill Water Unit shall be cleaned to a degree of cleanliness that results in a surface free of grease, oil, flux, scale, dirt loose particles and any other matter foreign to the base metal. Adherent light, superficial rust on steel surfaces, caused by short time exposure to the atmosphere, is acceptable.

5.11.2 For uncoated surfaces: Adherent corrosion products typical on surfaces of the type material being considered (e. g. flash rust on steel) are acceptable. Loose corrosion products are not acceptable and must be removed.

6. Government Responsibility:

6.1 Provide operators.

6.2 Perform basic maintenance.

6.2.1 Monitor all gauges.

6.3 Equipment movements within the shipyard.

6.4 Lost items and equipment damage beyond normal wear and tear.

8. Points Of Contact:

8.1 Technical POC: TBD

8.2 Invoice Certifying POC: TBD

8.3 Temporary Service Zone Manage (TSZM): TBD

9. Options: Provide options to allow NPTU to continue rental of chill water units in one-month increments. The government reserves the right to extend the rental period for additional 30-day increments at the governments discretion. Rental extensions may terminate the rental of one or more units based on use by NPTU. This charge will be prorated.

10. The Government reserves the right to return the unit(s) at any time prior to the expiration of the rental period. The contractor agrees to prorate costs for the time the Chill Water Units are in use by the Government only. The Government agrees to give the contractor twenty-four (24) hours-notice for the return of the Chill Water Units if the return is prior to the expiration of rental period.

Notes:

· New or used equipment may be provided. NNSY reserves the right to inspect the proposed equipment prior to contract award.

The government reserves the right to return the rental unit at any time prior to the expiration of the rental period. The contractor agrees to prorate costs for the time the units are in use be NPTU only. The government agrees to give the contractor twenty-four (24) hours’ notice for return of units prior to expiration of rental period.

11. Safety Requirements:

11.1 "Per FAR 22.102-1(a) entitled "Safety", Contractors are hereby informed that their employees or representatives present on property under Norfolk Naval Shipyard cognizance must follow Federal and State OSHA requirements OSHE OSHECM Chapter Hazardous Energy Control (HEC) requirements or safety requirements for site specific location of the contract.

11.1.1 Contractors and Non-NPTU Government Agencies (NNGAs) are hereby informed that their employees or representatives present on property under NPTU cognizance must adhere to Federal OSHA requirements for hazardous energy control IAW 29 CFR 1915.89 and must follow Hazardous Energy Control (HEC) procedures as identified in NAVSEA’s Occupational Safety, Health, and Environment Corporate Manual (OSHECM) Chapter 250 (latest revision), when performing work under NPTU contract. All HEC work to be performed by Contractors and NNGAs requires that NPTU Technical Points of Contact (TPOCs) and/or Contracting Officer’s Representatives (CORs) be notified of the HEC scope of work prior to starting work. Any changes or deviations in the initial scope of HEC work requires the NPTU TPOCs and/or CORs be informed of the change/deviation. Appendix 250.B-1 through B-3 of OSHECM Chapter 250 for multiple employer work identifies when Contractors and NNGAs are required to assign their Lockout/Tags-Plus Coordinator (LOTC) to coordinate HEC work with the cognizant NPTU LOTC. HEC locks shall be provided by the contractor or NNGA for their employees use. The HEC locks shall have red bodies with name labels or nametags affixed, identifying who installed the HEC lock(s) and a point of contact telephone number. HEC lock name labels and tags must be made of materials that will hold up to the environment to which they are exposed. HEC tags used for Tags-Plus HEC work shall be provided by the cognizant NPTU LOTC to the contractor or NNGA for their use if machinery, equipment, or systems (MES) cannot be locked out. OSHECM Chapter 250 Tags-Plus procedures will be strictly followed.

11.1.2 Contractors and NNGAs may obtain electronic copies of OSHECM Chapter 250 (latest revision) and access the OSHA 1915.89 web site by using the following link to NNSY’s public access web site: http://www.navsea.navy.mil/shipyards/norfolk/default.aspx

11.1.3 Names and contact information for NPTU LOTCs and/or the Building Monitor will be provided by NPTU TPOC and/or CORs set forth elsewhere in this award document.

12. Requirements for Lifting of Equipment

12.1 The equipment shall be outfitted with suitable attachments for overhead lifting.

12.1.1 For multiple point lifts, each lifting attachment shall be capable of supporting one-half the gross weight of the equipment with a design factor of five to one based on ultimate strength. For single point lifts, the lifting attachment shall be capable of supporting the gross weight of the equipment with a design factor of five to one based on ultimate strength.

12.1.2 For multiple point lifts, each lifting attachment shall be designed to accept a standard anchor shackle (Federal Specification RR-C-271D, type IVA) which is capable of supporting one-half the gross weight of the equipment. For single point lifts, the lifting attachment shall be designed to accept a standard anchor shackle (Federal Specification RR-C-271D, type IVA) which is capable of supporting the gross weight of the equipment.

12.1.3 Design of the lifting attachments shall be such that the attachments and shackles are not side loaded more than 10° out of the plane. Lifting attachments shall be located such that the lifting slings do not contact the equipment, or alternatively a spreader beam certified to NAVFAC P-307 shall be provided. Whenever practical, the lifting attachments shall be located above the center of gravity, and such that the lifting slings do not contact the equipment housings.

12.1.4 Each lifting attachment shall be conspicuously marked in a contrasting color “Lift Here”. Letters shall have a minimum height of 1”.

12.2 The equipment shall be marked in a prominent location with the gross weight. Sand hoppers, tubs, or other containers that may contain material shall be marked with the empty and full weight (or alternatively the empty weight and working load limit). Marking shall be upper case letters of a contrasting color, with a minimum height of 1”. Marking shall include the units (i.e. “pounds”, “long tons”, etc.).

12.3 The equipment shall be provided with a lifting sketch / rigging diagram that meets the requirements listed in Paragraph 12.

12.3.1 The lifting sketch shall detail any specific requirements and / or configurations that must be meet prior to lifting (i.e. “engage swing lock”, “Tilt mast back fully”, “Rotate lifting basket over side”, “Utilize 10’ minimum length slings”, “Spreader beam required”, etc.).

12.3.2 The lifting sketch shall include the location of the center of gravity of the equipment (full fuel, hydraulic tanks, etc.), equipment model/manufacturer, and gross weight.

12.3.3 A copy of the lifting sketch shall be permanently posted on the equipment, and a copy shall be forwarded to Code 714 (757-396-3345, 3346).

12.4 If specialized handling gear other than shackles, standard slings, or chain falls (i.e. spreader beams, special lift rigs, etc.) is required, the contractor shall furnish it. This handling gear shall be provided certified in accordance with NAVFAC P-307, with written documentation of proof testing.

13. Rigging Sketch Requirements

13.1 Rigging sketches, as a minimum, shall identify the following:

13.1.1 The weight of the load.

13.1.2 The location of the center of gravity.

13.1.3 The minimum crane capacity.

13.1.4 The minimum capacity / length of slings.

13.1.5 The minimum capacity of other standard rigging gear.

13.1.6 The attachment (lifting) points for the load.

13.1.6.1 The attachment points for multiple leg lifts shall be sized such that each attachment point can support half the load’s weight at the anticipated lift angle.

13.1.6.2 The attachment point for single leg lifts shall be sized such that the attachment point can support the entire load’s weight.

13.1.7 Limitations on allowable orientations for any parts making up the lifting assembly.

13.1.8 For single leg vertical lifts using twisted rope (wire or synthetic), two parallel ropes each capable of supporting the entire load alone shall be required unless a method is used to prevent unlaying the rope.

13.1.9 A minimum D/d ratio of one shall be required where wire rope slings pass over any object, or in the eyes of wire rope slings. A minimum D/d ratio of two shall be required where synthetic rope slings pass over any object, or in the eyes of synthetic rope slings.

13.1.9.1 "D" represents the diameter of the object the sling passes over.

13.1.9.2 "d" represents the diameter of the sling.

13.1.9.3 Table 14-3 of NAVFAC P-307 lists efficiency factors at various D/d ratios.

13.1.10 Components in each handling assembly shall be sized based on the worst-case distribution of loads.

13.1.10.1 When making a two, three, or four-point lift, the handling gear shall be sized so that two legs can support the load without exceeding the safe working load (SWL) at the lift angle expected, unless an equalizing method is used.

13.1.11 When nonstandard gear is required (i.e. round stock lifting bars) written instructions shall be provided that ensure:

13.1.11.1 The proper material is being used.

13.1.11.2 The item is certified IAW NAVFAC P-307.

13.1.11.3 Any special requirements or dimensions are followed to ensure that engineering assumptions are met (i.e. eccentricity of the bearing points).

DBIDS

Identification Badges and Installation Access.

• Any new contractor, vendor or supplier requesting base access AFTER 31 May 2017 will be required to obtain a DBIDS credential. NCACS credentials will no longer be issued.

• Only DBIDS credentials will be issued to ALL contractors, vendors and suppliers seeking base access AFTER 14 August 2017.

Defense Biometric Identification System (DBIDS) increases installation security and communications by receiving frequent database updates on changes to personnel/credential status, law enforcement warrants, lost/stolen cards, and force protection conditions. The system provides a continuous vetting anytime the DBIDS card is scanned at an installation entry point.

If you currently have a Navy Commercial Access Control System (NCACS) card, the following is required to get a DBIDS credential:

• Present your NCACS Card and a completed copy of the SECNAV FORM 5512/1 to the base Visitor Control Center representative.

• The VCC will pull up your information in the computer, ensuring all information is current and correct.

• Once your information is validated, a temporary DBIDS credential is provided.

• Your temporary credential will have an expiration date, prior to which you will need to obtain your permanent DBIDS credential (~ 90 days).

• For each additional U.S. Navy installation to which you need access, the first time you visit you only need to bring your DBIDS credential and statement of purpose for base access when arriving at the Visitor Control Center.

• The representative will enter base access authorization and then you may proceed to work.

If you do NOT have an NCACS Card, the following is required to obtain a DBIDS credential:

• Present a letter or official document from my government sponsoring organization that provides the purpose for your access.

• Present valid identification, such as a passport or Real ID Act-compliant state driver's license.

• Present a completed copy of the SECNAV 5512/1 form to obtain your background check.

• Upon completion of the background check, the Visitor Control Center representative will complete the DBIDS enrollment process, which includes your photo, finger prints, base restrictions, and several other assessments; after all this is done, you will be provided with your new DBIDS credential.

• You may now proceed to work.

FOR ADDITIONAL QUESTIONS ABOUT OBTAINING A DBIDS CARD, CONTACT YOUR LOCAL BASE VISITOR CONTROL CENTER. INFORMATION IS ALSO PROVIDED AT: www.cnic.navy.mil/om/dbids.html One-Day Passes. Participation in the DBIDS is not mandatory, and if the Contractor chooses to not participate, the Contractor's personnel will have to obtain daily passes, be subject to daily mandatory vehicle inspection, and will have limited access to the installation. The Government will not be responsible for any cost or lost time associated with obtaining daily passes or added vehicle inspections incurred by non-participants in the DBIDS.

PORTABLE ELECTRONIC DEVICES (PEDs) In accordance with COMSUBLANT/COMSUBPACINST 2075.1C, the use of Portable Electronic Devices (PEDs) while in or on Department of Navy Submarine spaces are prohibited. A portable electronic device (PED) is defined as any non-stationary electronic apparatus with singular or multiple capabilities of, but not limited to recording, storing, and/or transmitting data, voice, video, or photo images (e.g., cell phones, laptops, tablets and wearable devices such as fitness bands and smart watches).

RENTAL OF CHILL WATER SYSTEM

FFP

RENTAL OF CHILL WATER SYSTEM

Daily Rate $________ Weekly Rate $_______ FOB: Destination

MILSTRIP: N4215824RCD0011

PURCHASE REQUEST NUMBER: N4215824RCD0011

PSC CD: W035

NET AMT

FFP

RENTAL OF CHILL WATER SYSTEM

Daily Rate $________ Weekly Rate $_______ FOB: Destination

PSC CD: W035

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

24-SEP-2024

NUCLEAR POWER TRAINING UNIT (NPTU)

1260 SNOW POINT RD

GOOSE CREEK SC 29445

N42158

24-OCT-2024

N42158

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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: ___ .

(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:

[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…