2 REVISED Combined Synopsis Attachment NFFN73002301600.pdf

NFFN73002301600SML

COMBINED SYNOPSIS/SOLICITATION

Galveston Laboratory Non-personal HVAC Maintenance Services

(I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number NFFN73002301600SML.

(III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-02 (MAR 2023) (Deviation 2023-03) (DEC 2022).

(IV) This solicitation is being issued as a total Small Business Set-Aside. The associated NAICS code is 238220. The small business size standard is $19.0 million.

(V) This combined solicitation/synopsis is for purchase of the following commercial services:

CLIN 0001 - Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for HVAC maintenance services at the National Marine Fisheries Service (NMFS), Southeast Fisheries Science Center (SEFSC), Galveston Laboratory located in Galveston, TX, in accordance with the Statement of Work. Period of Performance award through one year after award.

(VI) Description of requirements is as follows:

See attached Statement of Work, and Department of Labor Wage Rates: WD 2015-5233, Revision No.

24, dated 12/27/2022, which can be found on: https://sam.gov/content/wage-determinations

PLEASE PROVIDE SEPARATE PRICE TOTALS FOR TASK 1 AND TASK 2, IN ADDITION TO

THE AGGREGATE TOTAL FOR ALL WORK.

STATEMENT OF WORK

National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service (NMFS)

Southeast Fisheries Science Center (SEFSC) Galveston Laboratory

HVAC Preventative Maintenance Contract

BACKGROUND/OVERVIEW:

The NMFS Galveston Laboratory has undergone a major renovation, completed in phases during the period from 1996 to 2007. Since completion, the HVAC system has required routine and scheduled preventive maintenance in order to assure proper and optimal operations. The HVAC system serving eight buildings on the Galveston campus operates as a unified water loop/heat pump system. Since the renovation was performed by a number of different contractors over the years, equipment from building-to-building can differ in brand but not in type.

SCOPE OF WORK:

Mechanical contractor required for monthly maintenance of the HVAC equipment at the NMFS Galveston Laboratory. The HVAC system and all buildings will be inspected on a predetermined schedule. The contractor shall provide the materials, labor, equipment, and administration to perform https://sam.gov/content/wage-determinations monthly maintenance of the HVAC system and related equipment at the National Marine Fisheries Service (NMFS) Galveston Laboratory located at 4700 Avenue U, Galveston, TX 77551.

Task 1:

The contractor shall inspect the HVAC equipment at the Galveston Laboratory, buildings 301, 302, 305, 306, 307, and Maintenance Archive using a certified technician and provide the services described below:

1.1 Cooling Towers

a. Check and replace belts

b. Check and lubricate bearings

c. Check and correct float valves

d. Inspect for water leaks

e. Check motor and amperage

f. Check and verify correct operation of both variable frequency drives (VFD)

g. Drain and clean the towers twice a year during the months of March and November.

1.2 Boiler

a. Inspection required twice a year during the month of October and January.

b. Check integrity of unit heater supports.

c. Check and if needed, tighten electrical connection.

d. Check igniter and pilot operation.

e. Check condition of heat exchanger.

f. Check condition of burners and clean as required.

g. Check for proper venting.

h. Check for leaks on gas line and at manual shutoff.

i. Check for unusual noise and vibration.

j. Remove all debris from area after completion of inspection.

k. Submit inspection report to designated government representative.

1.3 Water Cooled Heat Pumps

a. Inspect monthly and change pre-filters as needed (monthly from June-Oct.)

b. Inspect drains and add chlorine tablets to kill algal slime every 3 months

c. Inspect and adjust overflow pans and return and supply air temperatures

d. Inspect and adjust return and supply water temperatures

e. Inspect and adjust t-stat operation

f. Clean evaporator coils as needed and at least once a year

1.4 Water Pumps

a. Check amperage and voltage

b. Check seals for leakage and repair as needed

c. Check and adjust pressures

d. Check and record pressure differential of strainer and clean strainer

e. Lubricate motor and pump bearings as needed

f. Clean the strainers every 6 months and when cleaning the cooling towers.

1.5 Main Air Handlers

a. Check air filters and change pre-filters as needed (monthly from June-Oct)

b. Check and adjust belts as needed

c. Check and lubricate bearings as needed

d. Check return and adjust supply water temperatures

e. Check drains and drain pans

f. Check motor volts and amperage

g. Clean evaporator coils once a year on the main units in buildings 301, 302, 305, 306, 307, and Maintenance Archive

h. Replace Hepa filters at beginning of each contract period of performance on main air handler unit in building 216.

i. Remove existing metal filter from main air handler unit #1 located in the attic of building 302 and clean as needed (monthly from June-Oct).

1.6 Water Cooled Chillers (monthly)

a. Check and adjust chilled water return and supply temperatures and pressures

b. Check compressor operation

c. Check condenser and adjust for performance within specifications the water return and supply temperatures and pressures

d. Check and adjust temperature set points

e. Check screens

f. Check and inspect all HVAC control systems and VFD drives to ensure operation within specifications in order to maintain temperature settings.

Task 2:

The contractor shall perform preventive maintenance and inspect the HVAC equipment at the Galveston Laboratory located in buildings 216 and 303 as described below:

2.1 Water Cooled Heat Pumps

a. Inspect monthly and change pre-filters as needed (monthly from June-Oct.)

b. Inspect drains and add chlorine tablets to kill algal slime every 3 months

c. Inspect and adjust overflow pans and return and supply air temperatures

d. Inspect and adjust return and supply water temperatures

e. Inspect and adjust t-stat operation

f. Clean evaporator coils as needed, minimum once a year

2.2 Main Air Handlers

a. Check air filters and change pre-filters as needed (monthly from June-Oct)

b. Check and adjust belts as needed

c. Check and lubricate bearings as needed

d. Check return and adjust supply water temperatures

e. Check drains and drain pans

f. Check motor volts and amperage

g. Clean evaporator coils once a year on the main units

h. Replace Hepa Filters at the beginning of each contract period of performance on main air handler unit #1 located in the attic of building 216.

2.3 Water Cooled Chillers in building 216 (monthly)

a. Check and adjust chilled water return and supply temperatures and pressures

b. Check compressor operation

c. Check condenser and adjust for performance within specifications the water return and supply temperatures and pressures

d. Check and adjust temperature set points

e. Check screens

f. Check and inspect all HVAC control systems and VFD drives to ensure operation within specifications in order to maintain temperature settings

PERIOD OF PERFORMANCE:

Award through one year after award.

PLACE OF PERFORMANCE:

National Marine Fisheries Service Galveston Laboratory 4700 Avenue U Galveston, Texas 77551

DELIVERABLE SCHEDULE:

Submit one (1) copy of HVAC performance report to the Project Lead and Technical Point of Contact (TPOC) in November.

GOVERNMENT-FURNISHED RESOURCES:

The Government will not furnish any resources to the Contractor in support of this contract.

SECURITY REQUIREMENTS:

The contractor will be required to sign in each morning to receive a visitor badge. All badges are required be returned at the end of each business day.

APPLICABLE STANDARDS:

Contractor shall prepare the work area to ensure safety and compliance with all OSHA safety regulations.

SPECIAL REQUIREMENTS:

a. EPA and State Certification required for HVAC and Boiler maintenance.

b. It is highly recommended that all contractor(s) make a site visit prior to submitting their bid(s).

c. Contractor is responsible for maintaining a clean work site. The worksite shall be cleaned of trash and debris on a daily basis.

d. Contractor is to meet all Codes having Legal Jurisdiction, Local Code Requirement, Electrical and Mechanical Codes and all Applicable Environmental and Federal Acquisition Regulations.

REQUIRED KNOWLEDGE AND EXPERIENCE:

Evidence of company knowledge / skills to be provided via business licensing certificates.

EVALUATION FACTORS:

Contract Requirement

Standard

Acceptable Quality Level

(AQL)

Method of Surveillance

Annual Draining and Cleaning

(Reference:

Tasks 1.1, 1.3, 1.5, & 2.1)

Cleaning accomplished per above tasks on scheduled day and achieves results as described in the tasks.

3 Defects

Random Inspection - Direct observations

- Validated Customer Complaints (VCC)

Quarterly Cleaning

(Reference:

Tasks 1.3 & 2.1)

Cleaning and chlorine tablet additive accomplished per above tasks on scheduled day and achieves results as described in the tasks.

3 Defects

Random Inspection - Direct observations

- Validated Customer Complaints (VCC)

Monthly/Quarterly Inspections

(Reference:

Tasks 1.3, 1.5, 1.6, 2.1, & 2.3)

Work scheduled as part of the Monthly/Quarterly Work Schedule completed on the day scheduled and achieves results as described in Performance Objectives

3 Defects

Scheduled Inspection - Direct observations

- Validated Customer Complaints (VCC)

Annual/Semi- Annual Cleaning

(Reference:

Tasks 1.1, 1.3, 1.4, & 2.2)

Work scheduled as part of the Annual Work Schedule completed on the day scheduled and achieves results as described in the tasks.

3 Defects

Random Inspection - Direct observations

- Validated Customer Complaints (VCC)

Contractor EPA and State Certification Cards

Contractor certificates/cards shall be readily available when requested by the COTR

0 Defects per

Month

Direct Observation – Validated Customer Complaints

(VCC)

Employee Identification Badges

Government provided badges are conspicuously displayed as described in Section G.

0 Defects per

Month

Direct Observation – Validated Customer Complaints (VCC)

Safety Hazards

Contractor shall not create safety hazards such as leaving cleaning bottles adrift.

0%

Direct Observation – Validated Customer Complaints

(VCC)

CRITERIA FOR ACCEPTABLE AND UNACCEPTABLE PERFORMANCE:

The standards indicate the levels of performance deemed acceptable to the Government. Performance of a required service is considered satisfactory when the number of defective units (unsatisfactory outputs) found by the Government during contract surveillance does not exceed that allowed by the Acceptable Quality Level (AQL). When the number of defective units discovered by the Project Lead and/or TPOC exceeds that allowed by the AQL, the contractor’s performance is considered unsatisfactory. When the performance is unsatisfactory, the contractor shall respond in writing to a Quality Deficiency Report

(QDR).

The QDR will require the contractor to explain, in writing, why performance was unacceptable, how performance will be returned to satisfactory levels, and how recurrence of the problem will be prevented in the future.

INSPECTION/ACCEPTANCE OF WORK:

The Government will inspect and accept work performed under this contract in accordance with FAR 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services

CONTRACTOR QUALITY CONTROL (QC):

The Contractor shall establish and maintain a complete QC Program that is acceptable to the Contracting Officer or the designated representative to assure that the requirements of the contract are provided as specified.

1) A general description of the Contractor’s QC Program shall be available for Government review. One (1) copy of the complete QC Program shall be provided to the Contracting Officer or the designated representative electronically for review and approval within 15 days after award and as changes are made thereafter. The program shall include:

A quality control inspection system covering all contract services. It must specify areas to be inspected on both a scheduled or unscheduled basis and how inspections are to be conducted.

The name(s) and qualifications of the individual(s) tasked to perform the quality control inspections, and the extent of their authority.

A method for identifying deficiencies in the quality of services performed and taking corrective action before the level of performance becomes unsatisfactory.

2) A file of all Quality Control Inspections, inspection results, and any corrective action required, shall be maintained by the Contractor through the term of this contract. This file shall be the property of the Government and be made available to the Contracting Officer or the designated representative during regular hours. The file shall be turned over to the Contracting Officer or the designated representative within five (5) days after completion/termination of the contract.

PERFORMANCE EVALUATION MEETING:

The Contractor’s representative shall meet with the Government’s representative for a “kickoff meeting” at the start of the contract period. Thereafter, meetings will be monthly. A mutual effort will be made to resolve all problems identified. The written minutes of these meetings, prepared by the Government, shall be signed by the Contractor’s representative and the Government’s representative. Should the Contractor not concur with the minutes, the Contractor shall state, in writing, to the Contracting Officer or the designated representative any areas of disagreement within five (5) business days.

BUILDING/EQUIPMENT SPECIFICATIONS:

Building 216 - 10,980 S.F. (16) WSHP's, (1) 35 ton makeup air unit, and (5) condenser units Building 301 - 1920 S.F. (4) WSHP's Building 303 - 3415 S.F. (4) WSHP's Building 302 - 10,780 S.F. (17) WSHP's, (1) 35 ton makeup air unit, and (5) condenser units Building 305 - 1925 S.F. (1) WSHP 6 ton Building 306 - 10,780 S.F. (14) WSHP's, and (1) 35 ton make up air unit Building 307 - 3415 S.F. (4) WSHP's M/A Building - 3500 S.F. (3) WSHP's

Note: Water Source Heat Pumps (WSHP's)

Cooling Towers (2) 300 Ton Central Plant - (1) 20 h.p. motor, and (1) 60 h.p. motor.

GOVERNMENT POINTS OF CONTACT:

To be provided at time of award.

CONTRACTOR'S INVOICE:

The Contractor shall prepare and submit invoices electronically to the designated billing office specified in the contract.. If the invoice does not comply with these requirements, the designated billing office will return it within 7 days after receipt with the reasons why it is not a proper invoice. The Government will take into account untimely notification when computing any interest penalty owed the Contractor. Terms are Net 30. Please do not seek payment information until such time as the30 days have passed from acceptance. NOAA does make every attempt to make prompt payments.

(i) Name and address of the Contractor.

(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and line item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading

(vi) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(vii) Any other information or documentation required by the contract (e.g., evidence of shipment, Bill of Lading (BOL) invoice showing exact charges if freight exceeds $100. The government will only pay exact costs for freight when the charge exceeds $100, must be supported by airway or BOL invoice).

(VII) Date(s) and place(s) of delivery and acceptance:

Period of performance shall be:

Date of award through one year after date of award.

Place of Performance is 4700 Avenue U, Galveston, TX 77551.

(VIII) FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023), applies to this acquisition.

NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive.

Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror.

1. Submit PDF or Microsoft Word format quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are required and can be sent to Stephanie.Long@noaa.gov.

2. Offeror shall have an active registration in the System for Award Management (SAM found at https://sam.gov/content/home) in order to provide a quote and be eligible for award. Must provide their UEID/CAGE CODE with their quote.

3. Offerors shall assume that the Government has no prior knowledge of them or their capability.

4. Offerors must provide all evaluation criteria in accordance with FAR 52.212-2. Offerors who do not provide all evaluation criteria will not be accepted.

1. Technical Acceptability/Capability. Quote shall include at least two references for similar and relevant services including the phone number, full address, and e-mail address to demonstrate the offeror’s capability to successfully perform the services listed in the Statement of Work.

https://sam.gov/content/home

The offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the Offeror, the agency’s knowledge of Offeror performance, other government agencies or commercial entities, or past performance databases, and will be based on responsiveness, quality, and customer services.

2. Price.

(IX) FAR 52.212-2, EVALUATION- COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021), applies to this acquisition. Offers will be evaluated based on price and the factors set forth in paragraph (a).

(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. Paragraph (a) is hereby completed as follows: Evaluation will be based on the following;

3. Technical Acceptability/Capability. Quote shall include at least two references for similar and relevant services including the phone number, full address, and e-mail address to demonstrate the offeror’s capability to successfully perform the services listed in the Statement of Work.

The offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the Offeror, the agency’s knowledge of Offeror performance, other government agencies or commercial entities, or past performance databases, and will be based on responsiveness, quality, and customer services.

4. Price.

The Government intends to award a low priced, technically acceptable, single firm fixed-price purchase order on an all or none basis with payment terms of Net 30.

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

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

(End of provision)

"THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF QUOTES.

IT IS THE OFFEROR'S RESPONSIBILITY TO REQUEST AND RECEIVE A CONFIRMATION OF

THE QUOTE RECEIPT".

CAR 1352.215-72 INQUIRIES (APR 2010)

OFFERORS MUST SUBMIT ALL QUESTIONS CONCERNING THIS SOLICITATION IN WRITING

VIA EMAIL TO STEPHANIE.LONG@NOAA.GOV. QUESTIONS SHOULD BE RECEIVED NO

LATER THAN 12:00PM MST/MDT ON MAY 10, 2023. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation.

Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

(End of clause)

FAR 52.237-1 SITE VISIT (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

(End of provision)

A site visit is highly recommended but not required. Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Please contact Robert Colton at 409-682-1126 or Robert.Colton@noaa.gov to set up a time to visit the site. All questions during the site visit should be submitted electronically to Stephanie.Long@noaa.gov.

(X) FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) (DEVIATION 2023-03) (DEC 2022),

applies to this acquisition.

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.

https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300

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;

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_25

(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 concern—

(1) Means a small business concern—

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

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

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

Small business concern—

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

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

SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

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

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim https://www.ecfr.gov/current/title-13/part-121 https://www.ecfr.gov/current/title-13/part-121

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $850,000 (DEVIATION 2023-03) 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 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) https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_3 referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

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

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

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

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

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

(i) It □ is, □ is not a small business concern; or

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

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

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

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

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

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

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

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] https://www.acquisition.gov/far/part-4#FAR_4_1201 https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(b) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(1) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(1) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(2) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c)

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

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

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

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

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

(d) 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.

https://www.ecfr.gov/current/title-13/section-126.200 https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(a) https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(a) https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(c) http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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

(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 "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end https://www.acquisition.gov/far/part-52#FAR_52_225_1 https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/part-52#FAR_52_225_3 product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements- Israeli Trade Act."

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

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”:

https://www.acquisition.gov/far/part-25#FAR_25_105 https://www.acquisition.gov/far/part-52#FAR_52_225_3

Israeli End Products:

Line Item No.

[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 paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_5 made or designated country end products without regard to the restrictions of the Buy American statute.

The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there…