22-00015 Revised 11-15-2021 helium Contract Opportunities.docx

AMENDMENT 11/15/2021

Updated blanks on posting and period of quotes due is extended to 11/17/2021

___________CF per cylinder

___________# maximum cylinders to be provided (yearly total)

Helium $___________ per cylinder

Delivery $___________ per cylinder or lump sum

Hazmat $___________ per cylinder or lump sum

Rental $___________ per cylinder per day or lump sum

Additional fees: ___________________ (clarify, explain, reminder the Government is tax exempt)

AMENDMENT 11/14/2021

Economic clause corrected reflect 0001-3001

AMENDMENT 11/10/2021

QUESTION: If my subcontractor can quote me for the base year but feels he can’t predict the option years. Do you know how to acquire the appropriate economic adjustment for the option years?

ANSWER: The requirement calls to quote for all base and option years. The economic clause is included in the solicitation and would be included in the award. The vendor of award would need to read and understand the clause. If the vendor felt a need to request for decrease or increase. This would need to be supported by what drove the pricing quoted initially and what increased or decreased to the percentage guidelines in the Economic clause to make a reasonable request for the Contracting Officer to tentatively approve or disapprove.

Adds YEARLY ESTIMATED TOTAL $______________________________

AMENDMENT 11/9/2021

The posting has been revised to extend the due date to 11/15/2021 and please see the revised request for estimated totals for each year and overall aggregate totals based on what is provided as the estimated usage. SEE BELOW ON CLIN 001 – 3001 for total lines. A revised copy is attached. No quotes received before this revision will be accepted without the updated responses requested.

Reminder to provide the market index provided of how and where you get your rates base from. If there was an economic adjustment, the one for quoting now and the one for what it is would need to be showing the support of a need for an increase.

Be clear on what your duns number is and your cage code.

COMBINED SYNOPSIS/SOLICITATION

Purchase and delivery of helium gas supply and cylinder rental to the Key West Weather Forecast Office (WFO) Florida

(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

NWWP92012200015SRG.

(III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05 (SEP 2021) (DEVIATION 2021-06) (SEPT 2021) (AUG 2020) (2020-05)(APR 2020)(2017-05)(Sept 2017)

(IV) This solicitation is being issued as a Total Small Business Set-Aside. The associated NAICS code is 221210. The small business size standard is 1000 employees.

(V) This combined solicitation/synopsis is for purchase of the following commercial services and products. If a fill in space is not applicable or the cost is zero, or rolled into another unit listed, please clarify this clearly so the space does not show as non-responsive:

Reminder to provide the market index provided of how and where you get your rates base from. If there was an economic adjustment, the one for quoting now and the one for what it is would need to be showing the support of a need for an increase.

CLIN 0001: Base Year: Delivery is from 1/1/2022 through 12/31/2022 Purchase and delivery of helium gas supply and cylinder rental to the Key West WFO Florida

a. ___________CF per cylinder

b. ___________# maximum cylinders to be provided (yearly total)

c. Helium $___________ per cylinder

d. Delivery $___________ per cylinder or lump sum

e. Hazmat $___________ per cylinder or lump sum

f. Rental $___________ per cylinder per day or lump sum

g. Additional fees: ___________________ (clarify, explain, reminder the Government is tax exempt)

YEARLY ESTIMATED TOTAL $______________________________

CLIN 1001: Option Year 1: Delivery is from 1/1/2023 through 12/31/2023 Purchase and delivery of helium gas supply and cylinder rental to the Key West WFO Florida

h. ___________CF per cylinder

i. ___________# maximum cylinders to be provided (yearly total)

j. Helium $___________ per cylinder

k. Delivery $___________ per cylinder or lump sum

l. Hazmat $___________ per cylinder or lump sum

m. Rental $___________ per cylinder per day or lump sum

n. Additional fees: ___________________ (clarify, explain, reminder the Government is tax exempt)

CLIN 2001: Option Year 2: Delivery is from 1/1/2024 through 12/31/2024 Purchase and delivery of helium gas supply and cylinder rental to the Key West WFO Florida

o. ___________CF per cylinder

p. ___________# maximum cylinders to be provided (yearly total)

q. Helium $___________ per cylinder

r. Delivery $___________ per cylinder or lump sum

s. Hazmat $___________ per cylinder or lump sum

t. Rental $___________ per cylinder per day or lump sum

u. Additional fees: ___________________ (clarify, explain, reminder the Government is tax exempt)

CLIN 3001: Option Year 3: Delivery is from 1/1/2025 through 12/31/2025 Purchase and delivery of helium gas supply and cylinder rental to the Key West WFO Florida

a. ___________CF per cylinder

b. ___________# maximum cylinders to be provided (yearly total)

c. Helium $___________ per cylinder

d. Delivery $___________ per cylinder or lump sum

e. Hazmat $___________ per cylinder or lump sum

f. Rental $___________ per cylinder per day or lump sum

g. Additional fees: ___________________ (clarify, explain, reminder the Government is tax exempt)

$_____________________________________aggregate total for all 4 years.

(VI) Description of requirements is as follows:

DEPARTMENT OF COMMERCE (DOC)

NATIONAL OCEANIC ATMOSPHERIC ADMINISTRATION (NOAA)

NATIONAL WEATHER SERVICE (NWS)

KEY WEST WEATHER FORECAST OFFICE (WFO)

PURCHASE AND PICKUP/DELIVERY HELIUM GAS SUPPLY,

HAZMAT FEE AND CYLINDER RENTAL FEE TO THE

DELIVERY PERIOD:

Base Year: January 1, 2022 to December 31, 2022.

Option Year 1: January 1, 2023 to December 31, 2023.

Option Year 2: January 1, 2024 to December 31, 2024.

Option Year 3: January 1, 2025 to December 31, 2025.

BACKGROUND:

The National Weather Service (NWS) is a 24 hour, 365 day operation, and is a public safety agency. The primary mission of the NWS is the protection of life and property. The NWS Key West, FL launches weather balloons routinely twice a day at 0600 and 1800 Eastern Time. Each balloon requires approximately 110 cubic feet (CF) of helium. Instrumentation is attached to each balloon which provides measurements of temperature, humidity, wind speed and direction, and height. This data is transmitted worldwide and used to make weather forecasts out to 10 days.

OBJECTIVE:

The objective of the NWS is to receive and keep on-site an adequate supply of helium gas (no less than 1200 CF, up to 7200 CF) in individual cylinders to perform the weather balloon launches on schedule.

SCOPE:

The Contractor is responsible for supplying helium to the NWS loading dock in the backyard via the back gate located at 1315 White Street, Key West, FL 33040. The total amount of helium to be delivered for the 12 month period of this requirement will be a minimum of 60,000 CF, up to a maximum of 100,000 CF. The helium will be supplied at regular intervals throughout the period, provided as individual cylinders, delivered approximately every 10 to 12 days. See Delivery Schedule in Section 6, below, for details.

PLACE OF PERFORMANCE:

All deliveries are to be made to the NWS office at 1315 White Street, Key West, FL 33040. The point of delivery is at the loading dock garage, located on the East side of the building thru the back gate in office parking lot. The helium truck will be permitted thru the gate after a NWS employee manually buzzes open the gate. For delivery: drop off loading dock door is located on the East side of the building (red arrow on below picture of the facilities). Upon completion of delivery/pick-up, the helium truck will exit the property via an automatic gate onto United Street or Seminary Street.

REQUIREMENTS:

Site Storage and Usage: All helium must be provided in individual cylinders as the facility is not arranged to allow for other configurations. The Government has space at the delivery point to receive and store up to 24 cylinders of helium at a time. This site uses a minimum of 220 CF of helium, every day of the year. Actual use has the potential to vary if we have to launch extra balloons. We anticipate using 2,400 CF every 10 to 12 days, but need to keep an additional store of helium on site in case of additional unforeseen launches. The intent is that we will be replenished to our maximum of approximately 4,800 CF after each completed delivery.

Initial Delivery: The contractor shall supply a minimum of 4,800 CF of helium on January 1, 2022. The actual amount of supplied will vary based on the size of the cylinders. The helium will be contained in no more than 300 CF capacity individual cylinders.

Delivery Schedule: Deliveries shall be made every 10-12 days, Monday through Friday between the hours of 0800 and 1700 local time. This is a strict time slot as the balloon launches must not be delayed or interrupted in order to receive the delivery. Balloon launches occur twice a day, every day of the year, regardless of holidays. Therefore, the delivery schedule needs to be maintained regardless of holidays. If a holiday falls on a scheduled delivery day and the Contractor is not able to complete a regularly scheduled delivery, the Contractor shall make arrangements in advance for an alternate delivery date. The Contractor will contact the NWS office if a delivery is going to be delayed for any other reason. If the Contractor is unable to find a reasonable supply in time to fill the requirement, the NWS reserves the right to purchase helium from another supplier outside of this contract.

If additional deliveries are required prior to the next regularly scheduled delivery, the NWS will contact the Contractor and request the additional delivery, with delivery to be completed within three calendar days of being contacted.

The delivery schedule shall be arranged with the Upper Air Program Point-of Contact, Meteorologist-In-Charge (MIC), or Administrative Support Assistant (ASA) upon contract award (see section 9 below for contact information).

Transition Period: If this contract is awarded to other than the incumbent Contractor, then prior to the first day of the contract, the new Contractor and one of the agency points of contact, listed in section 9 below, shall establish the delivery schedule, including coordinating the initial delivery to coincide with the pickup of cylinders by the former contractor. Likewise, upon completion of this contract, if the new follow-on contract is awarded to other than the current Contractor, the current Contractor shall participate in the transition coordination efforts in order to minimize the risk of a missed balloon launch due to the helium being unavailable at the launch site. The end-of-contract transition period may include a lighter delivery in the final weeks of the contract.

Evidence of Delivery: The Driver shall provide evidence of delivery by way of receipt signed by an NWS representative at the time of delivery. A copy of the signed receipt shall be left with the NWS representative, and a copy shall also be attached to the associated invoice when mailed.

Compliance: If any of the deliveries do not conform to contract requirements (i.e. a delivery results in less than full r eplenishment of helium to 4,800 CF), the Government reserves the right to require the Contractor to bring the delivery into conformity with contract requirements, at no increase in contract amount (i.e. without additional delivery charges).

SAFETY AND SECURITY:

All rules concerning safety, not smoking and the security of the property must be observed at all times.

Materials Safety Data Sheets (MSDS) must be provided by the Contractor to the MIC or ASA at each office, where the information will be kept on file in accordance with applicable guidelines of the OSHA Hazard Communications Standard. Requirements pertaining to recordkeeping will be strictly followed, with copy(s) provided to MIC as necessary and upon request.

POINTS OF CONTACT:

The Government contacts at the NWS office in Key West, FL are:

Upper Air Program Point-of-Contact – Dave Ross (305) 295-1316 ext.225, david.ross@noaa.gov

Meteorologist In Charge – Kennard “Chip” Kasper, (305) 295-1316 ext. 222, kennard.kasper@noaa.gov

Administrative Support Assistant – Laura Kasper, (305) 295-1316 ext. 221, laura.kasper@noaa.gov

INVOICING:

The Contractor will invoice on a monthly basis in arrears for that month’s helium deliveries and related surcharges (i.e.

cylinder rental fee, etc.). The invoice must include the following items:

a. Name and address of the contractor, which must be the same as that on the Purchase Order

b. Invoice date and invoice number

c. Purchase Order number and associated line item number from the Purchase Order

d. Description, quantity, unit of measure, unit price and extended price of supplies delivered, and date of delivery

e. Evidence of delivery by way of receipt signed by NWS representative at the time of delivery

f. Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice (a defective invoice is one that does not meet all the above requirements)

The invoices may be sent to the following address:

National Weather Service 1315 White Street Key West, FL 33040

(VII) All deliveries are to be made to the National Weather Service at 1315 White Street, 1315 White Street Key West, FL 33040.

(VIII) FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (JUN 2020)(DEVIATION 2019-03)(JUNE 2019)(DEVIATION 2020-07)(MAY 2020), APPLIES TO THIS ACQUISITION.

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show— (1)The solicitation number;

(2)The time specified in the solicitation for receipt of offers;

(3)The name, address, and telephone number of the offeror;

(4)A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5)Terms of any express warranty;

(6)Price and any discount terms;

(7)“Remit to” address, if different than mailing address;

(8)A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9)Acknowledgment of Solicitation Amendments;

(10)Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11)If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f)Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) (i)Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and- (A)If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B)There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or (C)If this solicitation is a request for proposals, it was the only proposal received.

(ii)However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3)Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4)If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5)Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i)Availability of requirements documents cited in the solicitation.

(1) (i)The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii)If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2)Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i)ASSIST ( https://assist.dla.mil/online/start/).

(ii)Quick Search ( http://quicksearch.dla.mil/).

(iii)ASSISTdocs.com (http://assistdocs.com).

(3)Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by- (i)Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii)Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii)Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4)Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $10,000.00, and offers at any dollar level if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k)[Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1)The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2)The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3)The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4)A summary of the rationale for award;

(5)For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6)Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

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.

Quotes shall be fully executed and returned on the Standard Form (SF) 18 or your own company quote form and any acknowledgements of solicitation amendments on the SF 30. Submit quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are acceptable (preferred) and can be sent to Suzanne Romberg-Garrett, email suzanne.garrett@noaa.gov.

At a minimum the contractor shall provide the following information:

"THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF QUOTES. IT IS THE CONTRACTOR'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 TO SUZANNE.GARRETT@NOAA.GOV. QUESTIONS ARE TO BE RECEIVED NO LATER THAN 4:00 P.M. MDT/MST 11/4/2021. Any responses to questions will be made in writing (preferred via email), 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.

(IX) FAR 52.212-2, EVALUATION – COMMERCIAL ITEMS (OCT 2014), applies to this acquisition. Offers will be evaluated based on price and the factors set forth in paragraph (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. This is a lowest priced technically acceptable (LPTA) requirement evaluation of all associated quoted costs.

1. Meeting the scheduled need in quantity, correct gas, timeliness of delivery with proper communications.

2. Price - Lowest Priced Technically Acceptable - This pricing must follow the regulations, laws and statute. Provide a breakdown of all rates for all parts of the cost of purchase and delivery.

3. You company must be able to respond to “WILL NOT DOES NOT” questions in FAR 52.204-25 provided in this package.

4. Please provide the name of the Index and site you are using.

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 receipt, unless written notice of withdrawal is received before award.

(X) THE OFFEROR MUST SUBMIT A COMPLETED COPY OF THE PROVISION AT FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (FEB 2021) (DEVIATION 2020-11) (AUG 2020) 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. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended. “Sensitive technology”— Sensitive technology—

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

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

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

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

Service-disabled veteran-owned small business 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 veterans or, 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 the field of operation in which it is bidding on Government contracts, 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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 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 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.

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.

(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 Items, 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 will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □is, □is not a small business concern.

(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 it

□ is, □ is not a service-disabled veteran-owned small business concern.

(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 CFR124.1002.

(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 concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture:

__________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a womenowned 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, on the List of qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes inownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order11246- (1) Previous contracts and compliance.

The offeror represents that-

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352).

(Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

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

(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.

(iii) The terms "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 [List as necessary]

(3) 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) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “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 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.

Other Foreign End Products:

Line Item No. Country of Origin [List as necessary]

(iv) 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: (DEVIATION 2020-11) (g)(1)(ii) The offeror certifies that the following supplies are Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”: Israeli End Products:

Line Item No. Country of Origin [List as necessary]

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (DEVIATION 2020-11) (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…