2 REVISED Combined Synopsis Attachment NWWW40002300121.pdf

NWWW40002300121SML

COMBINED SYNOPSIS/SOLICITATION

Non-personal Services for Security Fence and Gate Repairs at Guam Weather Forecast Office

(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 NWWW40002300121SML.

(III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04 (JUN 2023) (Deviation 2023-09) (JUN 2023).

(IV) This solicitation is being issued as a total Small Business Set-Aside. The associated NAICS code is 238190. 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 repairs to approximately 600 linear feet of security fence and security gate at the Weather Forecast Office in Barrigada, Guam, in accordance with the Statement of Work. Period of Performance date of award through 180 days after date of award.

(VI) Description of requirements is as follows:

See attached Statement of Work, and Department of Labor Wage Rates: WD 2015-5693, Revision No.

19, dated July 17, 2023, which can be found on: https://sam.gov/content/wage-determinations

STATEMENT OF WORK

National Oceanic and Atmospheric Administration (NOAA) National Weather Service (NWS)

Weather Forecast Office (WFO) Guam

Chain Link Security Fence and Gate

1.0 GENERAL

The Mission Statement of the National Weather Service (NWS) is to provide weather, hydrologic and climate forecasts and warnings, and impact-based decision support services for the United States, its territories, adjacent waters and ocean areas, for the protection of life and property and enhancement of the national economy. In support of this mission, the NWS Pacific Region (PR), Facilities Engineering Branch (FEB), provides facilities support and maintenance throughout the Pacific Region.

2.0 BACKGROUND

The existing front chain link security fenceline was damaged by Typhoon Mawar. The WFO Guam operates 24 hours a day, 365 days a year, so it is imperative that this fenceline be replaced to provide appropriate security for the WFO.

https://sam.gov/content/wage-determinations

3.0 PLACE OF PERFORMANCE

WFO Guam is located at 3232 Hueneme Road, Barrigada, GU, 96913.

4.0 SCOPE

4.1 General

The Contractor shall provide all labor, materials and equipment necessary to replace approximately 600 linear feet of existing chain link security fence along the Southside of the property, including a motorized vehicle gate according to the provisions and requirements contained herein. The work includes disposal of any waste material in a legally acceptable manner.

4.2 Compliance Documents

The Contractor shall comply with all local, state, and federal environmental, health, and safety regulations while conducting this work at the WFO Guam. In addition, the Contractor shall ensure that all work and products are in compliance with applicable certifications/codes/standards and contract clauses.

a. ASTM A116, Standard Specification for Metallic-Coated, Steel Woven Wire Fence Fabric

b. ASTM A121, Standard Specification for Metallic-Coated Carbon Steel Barbed Wire

c. ASTM A392, Standard Specification for Zinc-Coated Steel Chain-Link Fence Fabric

d. ASTM A780/A780M, Standard Practice for Repair of Damaged and Uncoated Areas of Hot-

Dip Galvanized Coatings

e. ASTM A824, Standard Specification for Metallic-Coated Steel Marcelled Tension for Use With

Chain Link Fence

f. ASTM C94/C94M, Standard Specification for Ready-Mixed Concrete

g. ASTM F567, Standard Practice for Installation of Chain Link Fence

h. ASTM F626, Standard Specification for Fence Fittings

i. ASTM F900, Standard Specification for Industrial and Commercial Swing Gates

j. ASTM F1043, Standard Specification for Strength and Protective Coatings on Steel Industrial

Fence Framework

k. ASTM F1083, Standard Specification for Pipe, Steel, Hot-Dipped Zinc Coated (Galvanized”

Welded, for Fence Structures

l. ASTM F1184, Industrial and Commercial Horizontal Slide Gates

m. ASTM F2200, Standard Specification for Automated Vehicular Gate Construction

n. CLFMI WLG2445, Chain Link Fence Wind Load Guide for the Selection of Line Post and Line

Post Spacing

o. FS RR-F-191, Fencing, Wire and Post, Metal (and Gates, Chain-Link Fence Fabric, and

Accessories)

p. FS RR-F-191/1, Fencing, Wire and Post, Metal (Chain-Link Fence Fabric)

q. FS RR-F-191/2, Fencing, Wire and Post, Metal (Chain-Link Fence Gates)

r. FS RR-F-191/3, Fencing, Wire and Post, Metal (Chain-Link Fence Posts, Top Rails and Braces)

s. FS RR-F-191/4, Fencing, Wire and Post, Metal (Chain-Link Fence Accessories)

t. UL 325, Standard for Door, Drapery, Gate, Louver, and Window Operators and Systems

4.3 Submittals

a. Equipment and Material: Make, model, specifications, certifications, technical literature, manufacturer’s warranty, etc. (prior to ordering)

b. Shop Drawings: Site plan showing layout of fence location with dimensions, location of gates and opening size, cleared area, elevation of fence and gates, details of attachments and footings.

c. Certifications: Manufacturers material certifications in compliance with current ASTM specifications.

d. Domestic Certifications: Material certifications, Made in U.S.A., Buy American Act or Buy America when required.

e. Operation and Maintenance (O&M) manuals, including a list of authorized local service, maintenance, and service entities.

f. Contractor’s 1-year warranty for installation.

4.4 Quality Assurance

a. Manufacturer: Company operating in the United States having U.S. manufacturing facility/facilities specializing in manufacturing chain link fence products with at least 5 years’ experience.

b. Fence Contractor: Company with demonstrated successful experience installing similar projects in accordance with ASTM F567 at least 5 years’ experience.

c. Tolerances: Current published edition of ASTM specifications tolerances apply. ASTM specification tolerances supersede any conflicting tolerance.

4.5 Delivery, Storage and Handling

a. Delivery: Deliver materials/products to site in an undamaged condition and per contract requirements.

b. Storage: Store materials/products off the ground to provide protection against oxidation caused by ground contact.

4.6 Cleaning

The Contractor shall remove all waste material/equipment and other debris from the work site each workday. Dispose of everything in a legally and acceptable manner in accordance with local Environmental Protection Agency laws and guidelines. The work site must be left clean before acceptance of work is to be provided.

5.0 OTHER APPLICABLE CONDITIONS

5.1 Temporary Cease Work

During the contract period, there may be a time where extreme weather conditions warrant a cease work. The Contracting Officer is the only person who can direct the Contractor to cease work.

The Contractor will be given a 48-hour notice to temporarily cease all work by the Contracting Officer. This notice can be via telephone call or electronic mail (email). The telephone call or email shall have a verbal or written response from the Contractor within 24 hours of the proposed cease work.

5.2 Security

Install new security fencing, remove existing security fencing, and perform related work while providing continuous security for facility (e.g., temporary fencing). Security must be maintained 24/7. The Contractor will be required to sign in each morning at the front reception area and sign out each evening.

5.3 Period of Performance

Work shall be completed no later than 180 days after date of award.

5.4 Hours of Operation

All work is to be done during the hours of 8:00am – 4:00pm, unless otherwise determined and agreed upon by the station Meteorologist-in-Charge and Contractor.

Contractor agrees to observe all Federal Holidays, and any other day off work designated by Federal Statute, Executive Order, or Presidential Proclamation.

New Year’s Day Birthday of Martin Luther King, Jr.

Washington’s Birthday Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

If a holiday falls on a Saturday, for most Federal employees, the preceding Friday will be treated as a holiday for pay and leave purposes. (See 5 U.S.C. 6103(b).) If a holiday falls on a Sunday, for most Federal employees, the following Monday will be treated as a holiday for pay and leave purposes. (See Section 3(a) of Executive Order 11582, February 11, 1971.) See also our Federal Holidays – "In Lieu Of" Determination Fact Sheet at https://www.opm.gov/policy-data-oversight/pay-leave/work-schedules/fact-sheets/Federal-Holidays-In-Lieu-Of-Determination.

5.5 Post Award Conference

The Contractor shall attend a Post Award Conference no later than 10 business days after the date of award. The purpose of this conference, which will be chaired by a TPOC, is to discuss technical and contracting objectives of this contract and review the Contractor’s draft project plan. The Post Award Conference will be held either via video-teleconference (e.g., Google Meet) and/or at the WFO Guam.

5.6 Project Schedule

The Contractor shall provide a draft Project Schedule at the Post Award Conference for Government review and comment. The Contractor shall provide a final Project Schedule to the TPOC no later than 10 business days after the Post Award Conference. The Contractor shall develop a Project Schedule that does not impede facility access nor compromise the security of the facility or safety of the site staff at the WFO Guam.

5.7 Contractor Furnished Property

The Contractor shall furnish all materials, equipment and services necessary to fulfill the requirements of this contract.

5.8 Training

The Contractor shall provide training on the operation of any new system. Provide two equipment manuals including warranty documentation.

6.0 PRODUCTS

See Figure 1 for CLFMI Typical Fence Section drawing showing types and locations of fence parts and assembly, and Figure 2 for WFO Guam site map.

https://www.opm.gov/policy-data-oversight/pay-leave/work-schedules/fact-sheets/Federal-Holidays-In-Lieu-Of-Determination https://www.opm.gov/policy-data-oversight/pay-leave/work-schedules/fact-sheets/Federal-Holidays-In-Lieu-Of-Determination

Figure 1 - CLFMI Typical Fence Section

Figure 2 – WFO Guam Site Map Showing Fenceline

6.1 Fence Fabric

Provide ASTM A392, Class 1, zinc-coated steel wire with minimum coating weight of 2.0 ounces of zinc per square foot of coated surface (oz/ft2). Fabricate fence fabric of 6 gauge wire woven in 2 inch mesh conforming to ASTM A116. Set fabric height at 6 feet. Fabric shall be twisted and barbed on the top and bottom selvages. Secure fabric to posts using stretcher bars. Install fabric on opposite side of posts from area being secured.

6.2 Steel Fence Framework

Provide ASTM F1043 Group IA Heavy Industrial Fence Framework, schedule 40 galvanized pipe per ASTM F1083. Exterior and interior hot dipped zinc coating minimum average 2.0 oz/ft2.

Regular Grade, 30,000 psi. Line posts and terminal (corner, gate, and pull) posts selected shall be of the same designation throughout the fence. Provide gate post for the gate type specified subject to the limitation specified in ASTM F900 and/or ASTM F1184. Post spacing shall conform to the

Replace South Fenceline and Gate recommended guidelines as set forth in the CLFMI "Wind Load Guide for the Selection of Line Post Spacing and Size" unless specified to exceed those guidelines.

a. Line Posts: Minimum 2.375 inch outside diameter (OD)

b. End, Corner, Pull Posts: Minimum 2.875 inch OD

c. Top, Brace, Bottom and Intermediate Rails (where necessary/required): Minimum 1.660 inch

OD

6.3 Accessories

Provide accessories conforming to ASTM F626. Ferrous accessories shall be zinc coated 1.20 oz/ft2 (minimum).

a. Brace Bands and Line Rail Clamps: Steel thickness 1/8 inch, band width 1 inch. Secure with

3/8 inch galvanized steel carriage bolts.

b. Truss Rod Assembly: Furnish truss rods for each terminal post. Provide truss rods with turnbuckles or other equivalent provisions for adjustment, 3/8 inch diameter steel truss rod with a pressed steel tightener, assembly capable of withstanding a tension of 2,000 lbs.

c. Tension Bars: One-piece length 2 inch less than the fabric height; minimum cross section of 3/16 inch by 3/4 inch.

d. Barbed Wire Arms: Provide barbed wire supporting arms of the 45 degree outward angle 3-strand arm type and of the design required for the post furnished, capable of supporting a vertical 250 lb load. Where required, a 3-strand vertical arm type is acceptable. Secure arms by bolting.

e. Post Caps: Where required, furnish in accordance with manufacturer's standard accessories.

f. Tie Wire and Hog Rings: Provide 9 gauge steel tie wire and/or hog ties for attaching fabric to tension wires, rails, braces, and posts and match the coating of the fence fabric. Minimum zinc coating of 1.20 oz/ft2.

6.4 Tension Wire

Provide Type II marcelled tension wire, Class 5 coating, in accordance with ASTM A824. Provide 7 gauge coil spring wire for top and bottom wire. Galvanizing shall be Type II with a minimum zinc coating of 2.0 oz/ft2.

6.5 Barbed Wire

Provide barbed wire conforming to ASTM A121, Design Number 12-4-5-14R, zinc coated, Type Z, Class 3, with 12.5 gauge twisted strand wire, with 4 point 14 gauge round spaced no more than 5 inches apart.

6.6 Vehicle Horizontal Slide Gate

Replace existing sliding metal-track gate system in accordance with ASTM F1184. Replace existing electrical operator in accordance with ASTM F2200 and UL 325. New unit shall allow remote operation by existing analog switch. Provide 30 new key fobs to allow remote operation of gate by WFO staff. Match gate material to the material and finish of the rest of the new fence.

6.7 Concrete

ASTM C94/C94M, using 3/4 inch maximum size aggregate, and having minimum compressive strength of 3000 psi at 28 days.

7.0 EXECUTION

Construct and install fence to comply with ASTM F567, CLFMI recommendations, and manufacturer’s written instructions. See Figure 1 for CLFMI Typical Fence Section drawing showing types and locations of fence parts and assembly, and Figure 2 for WFO Guam site map.

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

Period of performance shall be: Date of award through 180 days after date of award.

Place of Performance is 3232 Hueneme Road, Barrigada, GU 96913.

(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 Approach and Capability.

The Offeror’s overall technical approach will be evaluated to assess the Government's level of confidence in the Offeror’s understanding of, approach to, and ability to successfully perform the requirements as described in the Statement of Work. Provide a detailed description of the company’s experience performing similar services. A detailed technical approach write-up describing how the Offeror will perform this service is required to be submitted with the quote regardless of whether a site visit was made or not. The technical approach write-up must not be a reiteration of the Statement of Work, but how your company plans on performing the tasks listed in the attached Statement of Work. (i.e. performance checklists, anticipated number of employees, anticipated hours at the facility and/or confirmation of supplies being provided, etc.)

2. Past Performance.

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. Quote shall include at least two references for similar and relevant services including the phone number, full address, and e-mail address.

https://sam.gov/content/home

Offerors lacking relevant past performance history, or for whom past performance information is either not available or has not been submitted to the Government, will receive a neutral rating for past performance.

3. Price.

The Government will evaluate the price quote for completeness and reasonableness in relation to the RFQ requirements. Quoted prices must be entirely compatible with the Non- Price Technical Solution.

4. Any additional qualifications as specified within the Statement of Work.

The Offeror shall provide a response to any additional qualification requirements within quote documentation.

(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).

The evaluation will consider the Non-Price Technical Solution (Technical Approach and Past Performance) to be significantly more important than price. However, as quotes are determined to be more equal in the non-price evaluation factor, price becomes more important and may become the determining factor for award. If, at any stage of the evaluation, all vendors are determined to have submitted equal, or virtually equal, Non-Price Technical Solutions, price could become the factor in determining which vendor will receive the award.

The Government intends to evaluate the quotes and award a purchase order based on the Offeror’s initial quote; therefore, the Offeror’s initial quote should contain the Offeror’s best terms from a Non-Price Technical Solution and price standpoint.

The Government reserves the right not to award a purchase order depending on the quality of the quote(s) submitted and the availability of funds. Furthermore, the Government may waive informalities and minor irregularities or omissions in quotes received.

The Government may make award to other than the lowest-priced Offeror or the Offeror with the highest technical rating if the Contracting Officer determines that to do so would result in the best value to the Government. The Government will not make an award at a significantly higher overall price to achieve only slightly superior performance capability.

(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:

1. Technical Approach and Capability.

The Offeror’s overall technical approach will be evaluated to assess the Government's level of confidence in the Offeror’s understanding of, approach to, and ability to successfully perform the requirements as described in the Statement of Work. Provide a detailed description of the company’s experience performing similar services. A detailed technical approach write-up describing how the Offeror will perform this service is required to be submitted with the quote regardless of whether a site visit was made or not. The technical approach write-up must not be a reiteration of the Statement of Work, but how your company plans on performing the tasks listed in the attached Statement of Work. (i.e. performance checklists, anticipated number of employees, anticipated hours at the facility and/or confirmation of supplies being provided, etc.)

2. Past Performance.

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. Quote shall include at least two references for similar and relevant services including the phone number, full address, and e-mail address.

Offerors lacking relevant past performance history, or for whom past performance information is either not available or has not been submitted to the Government, will receive a neutral rating for past performance.

3. Price.

The Government will evaluate the price quote for completeness and reasonableness in relation to the RFQ requirements. Quoted prices must be entirely compatible with the Non- Price Technical Solution.

4. Any additional qualifications as specified within the Statement of Work.

The Offeror shall provide a response to any additional qualification requirements within quote documentation.

The Government intends to award a trade-off, 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 AUGUST 2, 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 the persons listed below to set up a time to visit the site. All questions during the site visit should be submitted electronically to Stephanie.Long@noaa.gov.

Genevieve Miller genevieve.miller@noaa.gov 671-472-0944

Edward David edward.david@noaa.gov 671-472-0921

(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 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

(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— 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

(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 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.

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

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 $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) https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300

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

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

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

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

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

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

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

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

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

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

(3) 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.

http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_3 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)

(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: __.]

(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 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) 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 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 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) 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

(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 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.

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

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

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

Israeli End Products:

Line Item No.

[List as necessary]

(3) Buy American-Free Trade Agreements-Israeli…