RFQ_25-Q-CC02_ARCEX 2025_Information_Sheet_20241231.docx

REQUEST FOR QUOTE HTC711-25-Q-CC02

(including Pricing Sheet) 31 December 2024

Arctic Pioneering Air Charter Services to Undersea Warfighting Development Center Detachment Arctic Submarine Laboratory Arctic Exercise (ARCEX) 2025

PLEASE SUBMIT QUOTE No Later Than 12:00 pm Noon Central Standard Time, Friday, 31 January 2025 POC: Mr. Matthew Bowen Telework: 618-578-4067 E-mail: matthew.r.bowen4.civ@mail.mil

1. Vendor Name/Address (Must have ZIP + 4):

2. Vendor Telephone No.:

3. Fax No.:

4. E-mail address:

5. Vendor Cage Code:

6. Vendor Tax Identification Number (TIN):

7. UID Number:

8. Size Business: Small / Woman-Owned / Disadvantaged / Other (please specify)

9. Please check any of the following that apply to your firm:

Hub Zone Certification Educational Organization

Nonprofit Educational Other Educational

Service-Related Disabled Veteran-Owned Small Business

Other Veteran-Owned Small Business

10. Prompt Payment Discount:

11. FOB Point: Destination

12. System for Award Management (SAM): Registration is required for contractors to be eligible for award IAW FAR 52.204-7, System for Award Management (SAM). Payment by Electronic Funds Transfer – System for Award Management is required IAW FAR Clause 52.232-33. PLEASE ENSURE THAT ALL INFORMATION CONTAINED IN SAM IS CURRENT AND THAT REGISTRATION HAS NOT EXPIRED.

13. Contract Line-Item Numbers (CLINs) 0001 through 0006:

Air Charter Services—Arctic Exercise (ARCEX) 2025

CLIN Number

EST

Qty

Unit

FFP

Unit Price

Extended Total Amount

CLIN 0001 –Firm-Fixed-Price (FFP) Arctic Pioneering Air Charter Services—Arctic Exercise (ARCEX) 2025. See PWS Paragraph 3. Air Charter Services for Undersea Warfighting Development Center Detachment Arctic Submarine Laboratory Arctic Exercise (ARCEX)

AIRCRAFT RATE

Minimum 24 hours Maximum 30 hours Period of Performance (PoP):

21 through 26 February 2025

Hours

CLIN 0002 –Firm-Fixed-Price (FFP) FUEL RATE: 30 hours maximum

Hours

CLIN 0003–Firm-Fixed-Price (FFP)

POSITIONING

LOT

CLIN 0004 –Firm-Fixed-Price (FFP) Potential Backup/Rescue

CLIN 0005 –Firm-Fixed-Price (FFP) Aircraft Reconfiguration (Program Start and End)

CLIN 0006 –Time and Material (T&M) Incidentals—Landing Fees, Accommodation/Meals, Hangar Fees, Storage Fees, Escorts

TOTAL $

14. Your quote will be evaluated in accordance with the following: In accordance with FAR 15.101-1, Best Value Continuum, Tradeoff Process. See PWS paragraph 6, Evaluation Criteria.

15. The following clauses and provisions apply. Clauses will be included in the contract at the time of award:

a. CLAUSES INCORPORATED BY REFERENCE:

Representation

JAN 2017

Certifications.

DEC 2014

Systems

NOV 2021

Entities

DEC 2023

and Video Surveillance Services or Equipment

NOV 2021

Representation and Disclosures.

DEC 2023

Corporations

NOV 2015

Commercial Services

NOV 2023

Plan.

OCT 2020

Reduction Goals -- Representation.

DEC 2016

Representation

JUN 2020

Related Services Contracts

APR 1984

Officials

SEP 2011

Officials

SEP 2022

Controls

OCT 2016

Incident Reporting (DEVIATION 2024-O0013 REVISION 1)

MAY 2024

Support

JAN 2023

Telecommunications Equipment or Services -- Representation

MAY 2021

Telecommunications Equipment or Services

JAN 2023

Maduro Regime

MAY 2022

Regime

JAN 2023

Uyghur Autonomous Region - Representation

JUN 2023

Uyghur Autonomous Region

JUN 2023

Aircraft Systems (DEVIATION 2024-O0014)

AUG 2024

O0014)

AUG 2024

Enterprises, and Native Hawaiian Small Business Concerns

JAN 2023

Reports

DEC 2018

Personnel

JAN 2023

Services

NOV 2023

b. CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision- Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERS-COMMERCIAL ITEMS (MAR 2023)

ADDENDUM TO FAR 52.212-1—INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS

Paragraph (b) of FAR 52.212-1 entitled “Submission of Offers” is removed and replaced with the following paragraph (b):

(b) Submission of Offers. Offers must be submitted in accordance with paragraph (2) below titled “Offer Preparation Instructions.” Submission of a quote that does not contain all items requested below may result in elimination from consideration for award.

(1) Formal communications, such as requests for clarification, questions and/or written information concerning this solicitation should be submitted in writing to:

Mr. Matt Bowen, Phone (618) 578-4067, Email: matthew.r.bowen4.civ@mail.mil Mr. Theo Goda, Phone (619) 553-7446, Email: theodore.e.goda1@navy.mil

The request should be in the following format:

Reference: Section ______, Page____, Paragraph______, Question _________________.

Written questions will be answered in writing and provided to all offerors via a posting to sam.gov. However, due to the time required to research a question and provide an answer, please submit questions by Friday, 17 January 2025, 12:00 Noon Central. Solicitation changes will be made via amendment and posted to sam.gov.

(2) Offer Preparation Instructions:

(A) Offerors are required to submit an electronic file of their quote by Friday, 31 January 2025, 12 Noon Central. All quotes should be submitted to:

Mr. Matt Bowen, Phone (618) 578-4067, Email: matthew.r.bowen4.civ@mail.mil Mr. Theo Goda, Phone (619) 553-7446, Email: theodore.e.goda1@navy.mil

(B) Instructions for submitting quotations are as follows:

(i) Business Information - Offerors shall submit the following:

(a) Offerors shall provide Company Name, Address, POC, E-mail address, and Telephone number. (Address provided shall match the address provided in the System for Award Management (SAM) database.)

(b) Acknowledgement of Solicitation Amendments (if any).

(c) Company/Division Address, Identifying Codes, and Applicable Designations. Provide company/division’s street address, county and facility code; CAGE code; UEI code; and size of business (large or small). (Address provided shall match the address provided in the System for Award Management (SAM) database.)

(d) A signed list of individuals who are authorized to negotiate and sign on behalf of the company.

(e) Representations and Certifications may be submitted online using SAM at https://www.sam.gov OR may be submitted manually and included in the Technical Proposal.

(ii) Technical Capabilities— See Paragraph 6—Evaluation Criteria, in the Performance Work Statement (PWS). The offeror shall provide details describing the offeror’s ability to meet the requirements as described in the Performance Work Statement (PWS). Unnecessary elaboration or other presentations beyond that sufficient to present a complete and effective technical proposal are not desired and may be construed as an indication of the offeror’s lack of understanding or cost consciousness. The technical proposal shall contain pertinent information necessary to permit evaluation of the proposal and address the following:

(a) Air Operator Capability and Experience (Past Performance):

Describe the aircraft operator experience in operating aircraft over sea-ice and conducting virgin lands on drifting ice floes.

The aircraft operator must provide evidence of past performance with references. Complete PWS Attachment A, Past Performance.

Describe the air operator’s capability to provide a backup aircraft in the event the designated aircraft becomes unavailable.

(b) Pilot Experience:

Provide a résumé or curriculum vitae (CV) for the pilot conducting the virgin landing. Include application experience and expertise landing the proposed aircraft on drifting ice floes as a virgin landing.

Describe the aircraft operator capability to provide an alternative pilot in the event that the pilot becomes unavailable.

(c) Aircraft Capability:

Provide information to include manufacturer, model, age, and condition of the aircraft proposed for each CLIN offered. Also provide the payload capability in regard to number of personnel (passengers) and equipment (in pounds).

(iii) Price – Offerors shall complete the Firm-Fixed-Price (FFP) Unit Price (in hours) and Estimated Total Amount for CLIN 0001 of this RFQ.

The offeror shall include in their FFP unit hourly rate, all costs associated with performing the required missions, to include aircraft relocation fees (ferry costs), incidentals (e.g. apron fees, equipment rentals, room and board in Prudhoe Bay, Alaska, etc.), and all other fees as appropriate. The projected and minimum number of hours are shown in CLIN 0001. The Government will guarantee the minimum number of hours as shown in CLIN 0001. The projected periods of performance for all efforts run from 21 through 26 February 2025 but may change depending on weather and other variables.

(iv) The contractor will be evaluated on the following criteria: PWS Section 6.1 (Air Operator Capability and Experience), Section 6.2 (Pilot Experience), and Section 6.3 (Aircraft Capability), when combined, are significantly more important than Section 6.4 (Price).

Paragraph (c) of FAR 52.212-1 entitled “Period for acceptance of offers” is tailored to read: “The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.”

(End of Addendum)

FAR 52.212-2—EVALUATION—COMMERICAL ITEMS (NOV 2021)

FAR 52.212-2 is amended in its entirety as follows:

(a) The Government will award single or multiple contract(s) resulting from this RFQ to the responsible offeror(s) whose offer(s) conforming to the RFQ will be most advantageous to the Government, price and other factors considered.

(b) Basis of Award: The Government intends to award a single or multiple contract(s) resulting from this RFQ. This acquisition will be conducted as a Best Value Continuum Tradeoff Process IAW FAR Parts 12, 15.101-1, and DoD source selection procedures. In accordance with the PWS, Section 6.1 (Air Operator Capability and Experience (Past Performance)), Section 6.2 (Pilot Experience), and Section 6.3 (Aircraft Capability), when combined, are significantly more important than Section 6.4 (Price).

(c) In accordance with DoD Source Selection Procedures, dated 31 March 2016, the Combined Technical/Risk Rating Method will be used to evaluate Air Operator Capability (PWS paragraphs 6.1.1, 6.1.3), Pilot Experience (PWS Paragraph 6.2), and Aircraft Capability (PWS Paragraph 6.3). The Combined Technical/Risk Rating Method will be executed in accordance with the following table:

Combined Technical/Risk Rating Method

Color Rating Adjectival Rating

Description Blue Outstanding Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

Purple Good Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Green Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Yellow Marginal Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

Red Unacceptable Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Proposal is unawardable.

The following Technical Risk Rating method will be used in conjunction with the Combined Technical/Risk Rating:

Technical Risk Rating Method

(d) Past Performance Evaluation. The past performance evaluation results in an assessment of the offeror’s probability of meeting the solicitation requirements. The past performance evaluation considers each offeror’s demonstrated recent and relevant record of performance in supplying products and services that meet the contract’s requirements. In accordance with FAR 15.305(a)(2), the currency and relevance of the information, source of the information, context of the data, and general trends in contractor’s performance shall be considered. These are combined to establish one performance confidence assessment rating for each offeror.

Based on past performance information submitted, the following Past Performance Relevancy Ratings will be assessed:

Past Performance Relevancy Rating Method

Based on past performance information submitted, the following Performance Confidence Assessments will be assigned:

Table 5. Performance Confidence Assessments Rating Method

The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

(e) Failure to provide a complete, detailed, realistic, and reasonable offer may reflect a lack of understanding of the requirements and may result in a determination that the offeror’s quote is unacceptable. The Government does not assume a duty to search for clarification data to cure problems or inconsistencies with an offeror’s proposal.

(f) Prices submitted for each CLIN will be evaluated for reasonableness. In order to be considered for award, all prices offered must be determined fair and reasonable.

(g) Determination of successful offeror will be based on the Government’s technical/risk and performance ratings assigned in accordance with the PWS, and the price offered. While Section 6.1 (Air Operator Capability and Experience (Past Performance)), Section 6.2 (Pilot Experience), and Section 6.3 (Aircraft Capability), when combined, are significantly more important than Section 6.4 (Price), failure to submit a fair and reasonable price may result in an offer not being considered.

(h) 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 offeror’s specified expiration time, the Government may accept an offer, whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(i) Offerors are cautioned to submit sufficient information and in the format specified in FAR 52.212-1. Offerors may be asked to clarify certain aspects of their proposal. The Government reserves the right to award no contract at all depending on the quality of the proposals submitted.

(End of Addendum)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) ALTERNATE I (FEB 2024) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision --

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

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

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

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

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

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

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

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

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

(4) PSG 88, Live Animals;

(5) PSG 89, Subsistence;

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

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

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

(9) PSC 9610, Ores;

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

(11) 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--

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

(e) 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;

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

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

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

(i) Have been voluntarily suspended. "Sensitive technology"--

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

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

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

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

"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern--

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

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

(iii) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(iv) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--

(ii) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(iii) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

"Small business concern"--

(c) 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.

(d) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1001", means a small business concern under the size standard applicable to the acquisition, that--

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

· One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

· Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

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

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

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

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

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

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

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

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

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

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

(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it [ ] is, [ ] is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it [ ] is, [ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture:

(5) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1001.

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

(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: .] Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

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

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

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

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

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

(12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(5) of this provision.)

Black American.

Hispanic American.

Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

Individual/concern, other than one of the preceding.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

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

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no''.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line Item No.

Country of origin Exceeds…