RFQ Attachment 1 Provisions and Clauses for Kitchen Equipment and Install(2).pdf

The United States Property Fiscal Office (USPFO) on behalf of the West Virginia Army National Guard (WVARNG) is requesting a quote for Kitchen Equipment. This requirement is being requested at lowest priced technically acceptable (LPTA). To be consider technically acceptable you must provide a quote that meets or exceeds all requirements listed in the Specification List. Please provide a quote in accordance with your terms & conditions.

PSC: 7310

NAICS: 333310

Solicitation number: W912L8-25-Q-0016

Specifications: Kitchen Equipment

Equipment (Project to be completed by July 2025)

The kitchen shall have the following items:

TAG Number refers to item number on Kitchen Equipment Schedule and location on floorplan.

A. REACH-IN WARMING CABINET, MOBILE

QTY 1

TAG #7

Dimensions: 83(h) x 30(w) x 35(d) Heated Cabinet, insulated, mobile, full height, right solid hinged door, aluminum double wall construction, adjustable tray slides 3-1/8" OC, door mount thermometer, 9' cord, NEMA 5-20P, 120v/60/1-ph, NSF, UL , stainless steel, without casters, 28.4 cu. ft.

1 ea. 36-month limited parts & labor warranty from date of installation, standard 1 ea. Right hinged door, standard

B. TILTING SKILLET BRAISING PAN, GAS

QTY 1

TAG #8

Dimensions: 40.5(h) x 46(w) x 35.5(d) Tilting Skillet, gas, 40-gallon capacity, modular open base, stainless steel construction, includes spring-assisted cover, gallon markings and electronic spark ignition, stainless steel level adjustable feet, 120,000 BTU, CE, NSF, IPX6, includes double pantry faucet 1 ea. 1-year parts & labor warranty, standard 1 ea. Natural Gas 1 ea. 120v/60/1-ph, 1.8 amps NEMA 5-15P, standard 1 ea. Motor driven pan lift with removable manual crank handle 1 ea. 2" tangent draw-off valve, front mounted left side 1 ea. Catch can with bail handle and drain hose for draw off valve 1 ea. Double jointed double pantry faucet

1 ea. Food Strainer

C. RANGE, 60", 4 OPEN BURNERS WITH 36” GRIDDLE

TAG #9

Dimensions: 60(h) x 60(w) x 32.5(d) Restaurant Range, gas, (4) 30,000 BTU lift off top burners, 36” griddle with (3) 20,000 BTU burners, manual controls, standard oven, 12" x 12" cast iron grates, safety valve, stainless steel front, sides, valve cover, kickplate & 9.5" D high shelf, legs, 240,000 BTU 1 ea. Two-year limited parts and labor warranty, standard 1 ea. Natural gas (Must specify elevation if over 2000 ft) 1 ea. Back riser with high shelf, stainless steel, standard 2 ea. 26-7/8" Standard oven

D. COMBI OVEN, GAS

TAG #10

6-half size NG 208/240V 1 PH Dimensions: 31.5(h) x 33.5(w) x 33(d) 6-Half Size Combi Oven, natural gas, (6) half-size sheet pan or (6) steam table pans or (6) 1/1 GN pan capacity, (5) stainless steel grids included, intelligent cooking system with

(4) assistants; iDensityControl, iCookingSuite, iProductionManager, & iCareSystem, (6) operating modes, (5) cooking methods, (3) manual operating modes, 85° to 572°F temperature range, quick clean, care control, eco mode, 6-point core temperature probe, retractable hand shower, Ethernet interface, Wi-Fi enabled, includes (1) bucket of Active Green Cleaner & (1) bucket of Care Tabs, 152,000 BTU, 208/240v/60/1-ph, 6 ft.

cord, 1.5 kW, IPX5, cCSAus, NSF, ENERGY STAR® 1 ea. 2 years parts and labor, 5 years steam generator warranty 1 ea. RCI RATIONAL Certified Installation, new certified installation for each individual gas table-top Combi on a stand or counter (Do not use for Combi-Duo 1 ea. Pre-Installation Site Survey ensures that the site has proper space and connections for gas, electric, drain & water, can only be purchased with a Certified Installation, 1 ea. Installation Kit, for gas 1 ea. Water Filtration Single Cartridge System, for any iVario, single Combi model, or XS or half-size Combi-Duos, includes: (1) single head with pressure gauge, R95H filter & filter installation kit 1 ea. RCI RATIONAL Certified Installation 2 ea. cleaner tablet Active Green, for all iCombi Pro/Classic, 150 pieces/bucket 1 ea. Care Tablets, bucket of 150 packets for all Self Cooking Center® units from 10/2008, with Care Control - Serial SG, SH or SI series 1 ea. Stackable Combi-Duo kit, all sides open, stainless-steel construction, height adjustable casters, for iCombi 6-

E. UNIVERSAL PAN RACK

QTY 2

TAG #11

Dimensions: 69.5(h) x 20.25(w) x 26(d) Universal Pan Rack, holds 20 full size pans or 40 half size pans, welded aluminum construction, 2 locking and 2 non-locking casters, NSF

F. MICROWAVE OVEN

TAG #12

Dimensions: 13.17(h) x 16.63(w) x 20(d) Commercial Microwave Oven, 1200 Watts, 1.2 cu. ft. capacity, (5) power levels, 4-stage cooking, program memory, LED interior light, 120v/60/1-ph, 17.3 amps, cord, NEMA 5- 20P, cULus, NSF, stainless steel

G. KETTLE, ELECTRIC, TILTING

TAG #13

Dimensions: 25.25(w) x 24.5(d) x 51.5(h) Kettle, electric, tilting, 40-gallon capacity, 2/3 steam jacket design, 316 stainless steel interior, solid state water level control, open tri-leg base, 304 stainless steel construction, flanged feet 1 ea. 1-year parts & labor warranty, standard 1 ea. Performance start-up included at customer request after equipment is installed 1 ea. Standard wattage 1 ea. 208v/60/3-ph 1 ea. Kettle Accessory Kit, includes: clean up brush, paddle, stainless steel whip, brush, draw-off brush, ladle

H. REACH-IN REFRIGERATOR

TAG #14

Dimensions: 82.5(h) x 29(w) x 32.2(d) Reach-In Refrigerator, one-section, self-contained bottom mount refrigeration, 23 cubic feet capacity, stainless-steel door, +33/+40°F temperature range, (3) epoxy coated steel shelves, aluminum interior with 304 stainless steel floor, stainless steel exterior, heavy duty casters, R290 Hydrocarbon refrigerant, 1/3 HP, 115v/60/1-ph, 3.6 amps, NEMA 5- 15P, cETLus, ETL-Sanitation

I. FRYER, GREASELESS AIR

TAG #15

Dimensions: 4(h) x 16(w) x 29(d) Greaseless Fryer, .66 cu ft. capacity, programmable touchscreen, stores (1000) programmable recipes, 240v/50/60/1-ph, 22.0 amps, 4200 Watts, NEMA 6-30P, cULus, UL Classified

J. WORKTABLE, STAINLESS STEEL TOP

Dimensions: 34(h) x 72(w) x 30(d) Worktable, 72"W x 30"D x 34"H, 14/300 stainless steel top, backsplash, legs, undershelf & adjustable bullet feet, NSF

K. WORKTABLE, STAINLESS STEEL TOP

TAG #17A

Dimensions: 34(h) x 96(w) x 30(d) Dimensions: 34(h) x 96(w) x 30(d) Worktable, 96"W x 30"D x 34"H, 14/300 stainless steel top, backsplash, legs, undershelf & adjustable bullet feet, NSF (omit undershelf at ingredient bin location) 1 ea. End splash

L. WORKTABLE, STAINLESS STEEL TOP

TAG #17B

Dimensions: 34(h) x 120(w) x 30(d) Worktable, 120"W x 30"D x 41"H, 14/300 stainless steel top, backsplash, legs, cross rails & adjustable bullet feet, NSF 1 ea. End splash

M. WORKTABLE, CABINET BASE HINGED DOORS

TAG #17C

Dimensions: 35.5(h) x 63.5(w) x 22.5(d) Table Cabinet, 14/300 stainless steel flat top, cabinet base with hinged doors, stainless steel legs & adjustable bullet feet, 16/430 stainless steel body, NSF 5 ft Urn Trough, welded in tabletop

N. INGREDIENT BINS

QTY 3

TAG #19

Ingredient Bin, mobile, 10-gallon capacity, molded polyethylene with sliding cover, S-hook on front (scoop NOT included), (4) 3" heavy duty casters (2 front swivel, 2 fixed), with bin securely attached to base plate, white with clear cover, NSF 3 ea. Scoop, 12 oz., polycarbonate, clear, NSF

O. PLANETARY MIXER

TAG #20

200-240/50/60/3 Mixer; with bowl, beater, whip, & spiral dough arm; US/EXP configuration - 2 hp, 40 quart capacity, (3) fixed speeds, gear-driven transmission, 30-minute timer, #12 taper attachment hub, manual bowl lift, bowl guard, stainless steel bowl, "B" beater, "D" whip, "ED" dough hook 1 ea. Standard warranty: 1-Year parts

P. HOT FOOD SERVING COUNTER / TABLE

TAG #21

Dimensions: 34(h) x 57.3(w) x 30(d) Hot Food Serving Counter, 4 stainless steel wells, open shelf base, 20 ga. 304 stainless steel top, 22 ga. 430 stainless steel exterior, 20 ga. stainless steel interior, 16 ga.

galvanized steel base framing, UL, NSF 2 ea. 34" Counter height 2 ea. 120v/60/1-ph, 2000 watts, cord, NEMA 5-30P 2 ea. Sneeze Guard 2 ea. 34" tray slide height 2 ea. 16 Gauge 304 stainless steel countertop surface 2 ea. Open storage, without doors 2 ea. Stainless steel, standard

Q. SERVING COUNTER, COLD FOOD

TAG #22

Dimensions: 57.75(h) x 70.5(w) x 29.5(d) Cold Food Serving Counter, refrigerated, 5 pan capacity, master on/off switch for entire unit, refrigerated storage cabinet, stainless steel pan support rails, CFC-free refrigerant, 2/3 HP condensing base, UL, NSF 1 ea. 120v/60/1-ph, 6.7 amps, cord, NEMA-5-15P 1 ea. Sneeze guard

1 ea. Tray Slide, 12’’ wide, hinged drop shelf, removable, 16-gauge stainless steel construction 1 ea. 34" tray slide height 1 ea. 16 Gauge 304 stainless steel countertop surface 1 ea. Stainless steel, standard

R. ICE MAKER, CUBE-STYLE

TAG #23

Dimensions: 67.75(h) x 30(w) x 32.75(d) Modular Cube Ice Maker, air-cooled, self-contained condenser, dual exhaust top/side air discharge, approximately 500 lb. production/24 hours at 90°/40°, half-size cubes, cULus, NSF, CE, BPA Free 1 ea. 115v/60/1-ph, 9.4 amps, standard 1 ea. Ice Bin, 375 lb. storage capacity 1 ea. 2 yr. parts & labor warranty, standard

S. BUSSING UTILITY TRANSPORT CART, METAL

QTY 4

TAG #24

Dimensions: 39(w) x 22(d) Utility Cart, integrated handle, (4) extended perimeter bumpers, (2) locking 5" swivel casters, (4) 5" swivel casters (2 fixed & 2 locking), fully welded 1.25" square tube frame, 304 stainless steel, NSF

T. CART, DINING ROOM SERVICE / DISPLAY

TAG #25

Dimensions: 41.5(h) x 38.5(w) x 22.75(d) Cutlery Station, Holds up to (200) 14” x 18” trays, polyethylene construction, protective vinyl cover, casters, granite gray

U. ICE & WATER DISPENSER

TAG #26

Dimensions: 35(h) x 16.5(w) x 24.3(d) Ice & Water Dispenser, countertop, (2) button activated dispensing, built-in drip tray, cULus, NSF, CE 1 ea. 3-year limited parts & labor warranty (USA), standard 1 ea. 115v/60/1-ph, standard

V. CAN OPENER

TAG #27

Can Opener, electric, single speed, recommended usage is up to 75 cans per day, 115v/60/1-ph 1 ea. 1-year limited warranty, standard

W. FOOD PROCESSOR, BENCHTOP / COUNTERTOP

TAG #28

Dimensions: 20.75(h) x 9.13(w) x 17(d) Combination Food Processor, 3 liter stainless steel bowl with handle, vegetable prep attachment with external ejection, includes: (1) "S" blade (27263), (1) 2mm grating disc (27577), (1) 4mm slicing disc (27566), (1) 10mm dicing kit (27265), on/off & pulse switch, single speed, 1725 RPM, 120v/60/1-ph, 2 HP, 7 amps, NEMA 5-15P, cETLus, ETL- Sanitation 1 ea. 1-year parts & labor warranty 1 ea. 3-year motor warranty

X. FOOD SLICER, ELECTRIC

TAG #29

Dimensions: 29(h) x 22(w) x 25(d) Heavy Duty Meat Slicer, automatic, 13", manual lift lever, 3/4 hp motor, 5.25amps, 120v/60hz/1-ph, NSF cETLus 1 ea. Standard warranty - 1-Year parts

Y. WIRE SHELVING (Cooler/Freezer)

QTY 8

TAG #31

Dimensions: 36(w) x 30(d) x 72(h) Wire Shelf, 600 lb. weight capacity, for wet or dry storage, zinc underplated steel wire, green epoxy coated finish, NSF

Z. WIRE SHELVING

QTY 3

TAG #32

Dimensions: 48(w) x 24(d) x 74(h) Wire Shelf, 600 lb. weight capacity, chrome finish, NSF

AA. WIRE SHELVING

QTY 4

TAG #32

Dimensions: 60(w) x 24(d) x 74(h) Wire Shelf, 600 lb. weight capacity, chrome finish, NSF

BB. DRINK STATION (COFFEE MAKER)

TAG #26A

Dimensions: 22”(w) x 23 7/16”(d) x 32 15/16” (h) ICB Infusion Series Stainless Steel Twin Automatic Coffee Brewer 120/208V, 6000W

CC. DRINK STATION (COFFEE SERVERS)

Dimensions: 9 1/8” (w) x 13 13/16” (d) x 14 ½” (h) Infustion Series 1.5 Gallon Stainless Steel Soft Heat Coffee Server Width 9 1/8 Inches, Depth 13 13/16 Inches, Height 14 1/2 Inches

Installation The vendor shall provide all necessary tools, equipment, labor, supervision, and materials to assemble and install all purchased equipment in its designated locations shown on attached drawings. Assembly and installation shall be in accordance with all manufacturer’s instructions, industry standards, and WV Code/standards. Vendor shall maintain a safe and clean work area and remove all waste from site periodically.

Delivery Instructions

Delivery Address: 929 Brushy Fork Road, Buckhannon, WV 26201 The new equipment will need to be on pallets and the contractors will unload it by forklift at the new site.

Please contact the customer in regard to an update on the delivery date if possible.

Additional Specifications

Include specification details for each piece of equipment being requested. Specifications shall include voltage, amperage, and wattage.

CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE

52.203-16 Preventing Personal Conflicts of Interest JUN 2020 52.204-7 System for Award Management NOV 2024 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code

Reporting AUG 2020 52.204-18 Service Contract Reporting Requirements OCT 2016 52.204-21

52.204-24

52.204-29

52.212-4

Basic Safeguarding of Covered Contractor Information Systems Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment Federal Acquisition Supply Chain Security Act Orders- Representation and Disclosures Contract Terms and Conditions-Commercial Products and Commercial Services

NOV 2021

NOV 2021

DEC 2023

NOV 2023

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.246-1 Contractor Inspection Requirements. APR 1984

52.252-4 Alterations in Contract APR 1984

252.203-7000

252.203-7002

252.204-7003

252-204-7004

252.204-7008

252.204-7009

252.204-7012

Requirements Relating to Compensation of Former Employees Requirement to Inform Employees of Whistleblower Rights.

Control of Government Personnel Work Product Antiterrorism Awareness Training for Contractors Compliance with Safeguarding Covered Defense Information Controls Limitations on the Use or Disclosure of Third- Party Contractor Reported Cyber Incident Information Safeguarding Covered Defense Information

SEP 2011

DEC 2022

APR 1992

JAN 2023

OCT 2016

(DEV 2024-O0013. Rev 1) and Cyber Incident Reporting MAY 2024

252.204-7016 Covered Defense Telecommunications Equipment or Services--Representation DEC 2019 252.204-7017 Prohibition on the Acquisition of Covered

Defense Telecommunications Equipment And Services MAY 2021 252.204-7018 Prohibition on the Acquisition of Covered

Defense Telecommunications Equipment and Services JAN 2023 252.204-7019 Notice of NISTSP 800-171 DoD Assessment

Requirements NOV 2023 252.204-7020 NIST SP 800-171DoD Assessment Requirements NOV 2023 252.204-7024 Notice on the Use of the Supplier

Performance Risk System MAR 2023 252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the Maduro Regime MAY 2022

252.225-7056

252.225-7059

252.225-7060

252.232-7003

Prohibition Regarding Business Operations With the Maduro Regime Prohibition on Certain Procurements from Xinjiang Uyghur Autonomous Region – Representation Prohibition on Certain Procurements from Xinjiang Uyghur Autonomous Region Electronic Submission of Payment Requests and Receiving Reports

JUN 2023

JUN 2023

DEC 2018

252.243-7001 Pricing of Contract Modifications DEC 1991 252.246-7004 Safety of Facilities, Infrastructure, and

Equipment for Military Operations OCT 2010

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2025) (DEVIATION

2025-O0003)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 333310 [insert NAICS code].

(2) The small business size standard is 500 [insert size standard].

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_204_7 individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

https://www.acquisition.gov/far/part-52#FAR_52_203_2 https://www.acquisition.gov/far/part-13#FAR_Part_13 https://www.acquisition.gov/far/part-52#FAR_52_203_11 https://www.acquisition.gov/far/part-52#FAR_52_203_18 https://www.acquisition.gov/far/part-52#FAR_52_204_3 https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_204_5 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_209_2 https://www.acquisition.gov/far/part-52#FAR_52_209_5 https://www.acquisition.gov/far/part-52#FAR_52_209_11 https://www.acquisition.gov/far/part-52#FAR_52_214_14

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the 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).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the 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).

(xiv) 52.222-22, Reserved

(xv) 52.222-25, Reserved

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation. This provision applies to solicitations that include the provision at 52.204-7.

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate.

(Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

https://www.acquisition.gov/far/part-52#FAR_52_215_6 https://www.acquisition.gov/far/part-52#FAR_52_219_1 https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.acquisition.gov/far/part-52#FAR_52_219_2 https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.acquisition.gov/far/part-52#FAR_52_222_22 https://www.acquisition.gov/far/part-52#FAR_52_222_25 https://www.acquisition.gov/far/part-52#FAR_52_222_38 https://www.acquisition.gov/far/part-52#FAR_52_223_1 https://www.acquisition.gov/far/part-52#FAR_52_223_2 https://www.acquisition.gov/far/part-52#FAR_52_223_4 https://www.acquisition.gov/far/part-52#FAR_52_223_22 https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_225_2 https://www.acquisition.gov/far/part-52#FAR_52_225_1 https://www.acquisition.gov/far/part-52#FAR_52_225_4 https://www.acquisition.gov/far/part-52#FAR_52_225_3

(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan- Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation.

This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

(v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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.

https://www.acquisition.gov/far/part-52#FAR_52_225_6 https://www.acquisition.gov/far/part-52#FAR_52_225_5 https://www.acquisition.gov/far/part-52#FAR_52_225_20 https://www.acquisition.gov/far/part-52#FAR_52_225_25 https://www.acquisition.gov/far/part-52#FAR_52_226_2 https://www.acquisition.gov/far/part-52#FAR_52_204_17 https://www.acquisition.gov/far/part-52#FAR_52_204_20 https://www.acquisition.gov/far/part-52#FAR_52_222_18 https://www.acquisition.gov/far/part-52#FAR_52_222_48 https://www.acquisition.gov/far/part-52#FAR_52_222_52 https://www.acquisition.gov/far/part-52#FAR_52_227_6 https://www.acquisition.gov/far/part-52#FAR_52_227_15 https://www.sam.gov/ https://www.acquisition.gov/far/part-4#FAR_4_1201

FAR Clause # Title Date Change

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 on SAM.

(End of provision)

Alternate I (Mar 2023). As prescribed in 4.1202(a) , substitute the following paragraph (a) for paragraph

(a) of the basic provision:

(a)(1) The North American Industry Classification System (NAICS) codes and corresponding size standards for this acquisition are as follows; the categories or portions these NAICS codes are assigned to are specified elsewhere in the solicitation:

NAICS Code Size Standard

[Contracting Officer to insert NAICS codes and size standards].

(2) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce, (i.e., nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

https://www.acquisition.gov/far/part-4#FAR_4_1202

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAR 2025) (DEVIATION 2025-O0003)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

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

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

Forced or indentured child labor means all work or service—

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

https://www.sam.gov/ 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 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title6-section395&num=0&edition=prelim

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended."Sensitive technology"—

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically— https://www.acquisition.gov/far/part-52#FAR_52_204_25

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

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

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

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

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

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

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

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C.

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

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

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

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

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

Small business concern—

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

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

http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title50-section1702(b)(3)&num=0&edition=prelim https://www.acquisition.gov/far/part-19#FAR_Subpart_19_14 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-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 with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that—

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

(i) One or more socially disadvantaged (as defined 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 the threshold at 13 CFR 124.104(c)(2) 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 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 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 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section101(2)&num=0&edition=prelim https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/part-127 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: .] https://www.ecfr.gov/current/title-13/section-127.300 http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_3 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-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(b)

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

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

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

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

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]

Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

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

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

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

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

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

(d) Reserved.

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and https://www.ecfr.gov/current/title-13/section-124.1001 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)

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.)

By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants.

The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

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