RFQ M2710026Q0001 NTV Rental.pdf

M2710026Q0001

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation: quotes are being requested, and a written solicitation will not be issued.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-03 and Defense Federal Acquisition Regulations Supplement Publication Notice (DPN) 20251001.

This procurement is not a small business set-aside; therefore, any responsible source may submit a quote. This is an OCONUS requirement: FAR19.000(b) does not apply to this requirement. The NAICS code for this requirement is 532111 – Passenger Car Rental. W023 Lease or Rental Equipment – Ground Effect Vehicles, Motor Vehicles, Trailers, and Cycles.

This procurement is being conducted in accordance with regulations at FAR Part 12 – Acquisition of Commercial Items, FAR Part 13 – Simplified Acquisition Procedures and FAR Part 37 Service Contracting.

This is a Request for Quotation (RFQ) seeks to obtain pricing and availability that will be used for information to establish multiple Blanket Purchase Agreements (BPAs).

There is no guaranteed minimum nor is the government obligated for the estimated amount. Obligations shall occur at the BPA order level and in the amounts identified at the BPA call level. BPA calls shall be awarded and administered by duly appointed contracting officers assigned to II Marine Expeditionary Force (MEF) Expeditionary Contracting Platoon (ECP).

The contractor shall provide Non-Tactical Vehicle (NTV) rental services in accordance with Attachment I – Performance Work Statement. Contractors, upon issuance of a BPA call, will provide the requested NTVs at the delivery locations for the duration of the period identified within each call.

II MEF ECP requests offerors to submit a price list for review for a possible Blanket Purchase Agreement (BPA) for the items listed in this solicitation. Keep in mind that a BPA is not a binding contract, it is a pricing agreement, and prices must be agreed upon prior to any orders being placed against a BPA. Additionally, since it is an agreement and not a contract, either party may choose to cancel an agreement prior to an order being confirmed in writing.

In addition to the items listed in Attachment II, please find enclosed the general terms and conditions of the BPA. If you are interested in establishing a BPA with II MEF ECP, please fill out Attachment II for pricing. Your prices should be as low or lower than those charged to your most favored customers, including any discounts for prompt payment and delivery.

The Government reserves the right to make partial orders from one RFQ, and to award to multiple vendors to achieve the best value determination in placing individual orders.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

ALL Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC/

CAGE

0001 POP 01 JAN 2026 – TO N/A SEE SCHEDULE TBD

31 DEC 2027

ACCOUNTING AND APPROPRIATION DATA

AA: TBD AT THE CALL LEVEL

COST CODE: TBD AT THE CALL LEVEL

AMOUNT: TBD AT THE CALL LEVEL

Special Contract Requirements

BPA TERMS AND CONDITIONS

1. Agreement: BPAs are established in accordance with Federal Acquisition Regulation (FAR) Part 13.303. Per FAR 13.303-1(a), a BPA is a simplified method of filling anticipated repetitive needs for supplies or services by establishing "charge accounts" with qualified sources of supply.

1.1 A BPA is not a binding contract, but rather an agreement. As an agreement, prices must be established and confirmed in accordance with the procedures herein prior to each order being placed against this BPA.

1.2 A BPA may be cancelled unilaterally in its entirety at no cost to either party. The party desiring to cancel the Agreement shall serve to the other party a written notice of such intent at least thirty (30) calendar days prior to the effective date of the cancellation.

1.3 The parties agree that the cancellation shall have no effect on any calls not completed by the effective date of the cancellation. The Contractor shall complete such calls under the terms and conditions of this Agreement, its Attachments, and the terms and conditions of that pending call order.

1.4 Specifics not in the BPA must appear in the Call Order. The Call Order is the contract designating the specifics of the procurement and binds the Government to the procurement.

1.5 Completion of BPA. A BPA is considered complete when all authorized purchases made under it equal its total maximum dollar limitation, if any, when its stated time expires or in the event it is cancelled by either party.

1.6 These agreements will be for recurring orders for Non-Tactical Vehicles (NTV) rental services. The Product Service Code is W023 Lease or Rental Equipment – Ground Effect Vehicles, Motor Vehicles, Trailers, and Cycles.

1.7 Ordering Period: 01 January 2026 through 31 December 2027.

1.8 After initial establishment of the BPAs, the Government reserves the right to award additional agreements during the ordering period if more qualified Contractors are identified, required, or enter the market. The BPA will be unpriced. However, the Government, reserves the right to use a priced or unpriced structure for the NTV(s) during the ordering period of the established BPA.

1.9 This priced or unpriced structure may be adjusted during the ordering period of the BPA by adding and/or removing NTVs from any pre-priced list, which may be established later with some or all of the BPA holders.

1.10 Review: This BPA will be reviewed on an annual basis prior to the anniversary of its effective date. The KO shall conduct the review of all associated Calls/Orders placed under this BPA in accordance with FAR 13.303-6 (Review procedures) so that the KO can:

• Ensure proper procedures are being followed by the authorized callers.

• Award new BPA's if changes in the market conditions, have occurred.

• Discontinue the BPA with firms to whom orders have not been issued.

• Update the BPA if necessary.

1.11 Any changes to the Agreement take effect only upon mutual agreement of the parties. Agreements may need to be revised before the scheduled review due to mandatory statutory requirements. An agreement may be changed only by modifying the agreement itself and not by an order placed through the agreement. Changes and modifications will be completed using the SF 30, Amendment of Solicitation/ Modification of contract.

1.12 II MEF ECP is responsible for administering the agreements and maintaining detailed logs of all information for each call placed against the BPAs. When a Call is placed by an ECP KO listed in the Authorized Caller List, during the ordering period of the BPA, the Offeror shall furnish the services described within the master BPA terms and conditions, and Performance Work Statement, as well as the Terms and Conditions specified in the Order.

2: Ordering: Is centralized but the U.S. Government has the right to include additional "authorized callers" via a modification to the agreement. At the time of the modification, II MEF ECP will provide BPA holders with an updated list of authorized callers.

2.1 Pricing: Prices to the government shall be as low or lower than those charged to the Offerors' most favored customers for comparable services under similar terms and conditions, in addition to any discounts for prompt payment. Pricing will be established at the Call Order level, and reasonableness will be determined on a per call basis.

2.2 Extent of Obligation: This BPA is not a contract and does not obligate funds. Authorized KOs will issue a Call Order for a particular requirement to establish the contract between the Contractor and the Government. The Government will be obligated only to the extent of authorized orders under this agreement. Each requirement for unpriced NTVs will be competed among the Contractors with whom a BPA has been established. If additional competition is necessary, a Request for Quote (RFQ) will be sent to Contractors outside of the BPA as required by FAR at 13.303-5(d)(1). The Government does not guarantee any future orders will be made nor is it required to use this agreement for the purchase of services identified in this agreement.

2.3 Clauses: All orders shall reference this BPA number, and all orders placed under the BPA are subject to the terms and conditions of this agreement, and as such all provisions and clauses included in this BPA are applicable to each order.

3. Purchase Limitations: The Overall Value Limit on the Master BPAs shall not exceed $4,000,000.00. The maximum limit of individual BPA Call Order will be the Simplified Acquisition Threshold (SAT) at the time of issuance of the Call in accordance with the threshold identified in FAR 2.101. The SAT is currently set at $350K.

4. Authorized Callers: Orders may be placed only by II MEF ECP KOs listed in the Authorized Caller list. This authority is not re-delegable. Any purchase/request made by Government personnel acting without this authority will constitute an unauthorized commitment and the Contractor will bear all risks for non-payment from the Government.

4.1 The list of authorized callers will be made available to BPA holders upon issuance of the agreement.

5. Delivery Tickets: All services under this agreement shall be accompanied by a delivery ticket that shall contain at the minimum the following information:

Name of supplier BPA number Date of purchase Purchase number Itemized list of supplies or services furnished Quantity, unit price, less applicable discounts Date of delivery

6. Invoicing: An itemized invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all services provided made during a billing period and for which payment has not been received.

6.1 The Contractor will submit invoices in accordance with the invoicing instructions at the call level. All invoices must contain the following elements:

• BPA Master Number

• Vendor's name & address

• Invoice number/date

• Individual BPA Call / PO Number, Date of Call, and Name of BPA Contracting Officer Itemized list of supplies or services to be furnished

• Quantity, unit of issue, unit price, and extended total price

• Grand Total Price,

• Name, Date and Signature of BPA Receiver - Vendor to solicit the signature of an authorized Government

Representative assigned to receive services.

• Vendor's signature

Note: The terms "Call, "Order,", "Call Order" and" Purchase Order" are used interchangeably under this set of BPAs and refer to individual purchases made under the BPA pursuant to FAR Part 13.303-5.

(End Terms and Conditions)

The provision at FAR 52.212-1, Instructions to Offerors - Commercial applies to this acquisition and is amended as follows:

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (SEP 2023)

1. The Government intends to evaluate and issue multiple BPAs resulting from this solicitation. Resulting Purchase Orders (POs) or BPA calls will be Firm-Fixed Price (FFP).

a. After receipt of quotes the Government may, with or without notice, negotiate with and, if desired, seek quote revisions from as many or as few quoters as it, in its discretion, deems appropriate.

b. The term "offeror" or "offer" as used in FAR 52.212-1 shall be understood to mean "quoter" and "quote," respectively. Further, the term "award" shall be understood to describe the Government's issuance of a PO.

c. The following paragraphs in FAR 52.212-1 shall not apply to this RFQ: a, b, f, and i.

d. Failure of a quote to address any items required in the submission package may make a quote unacceptable.

2. SUBMISSION PACKAGE

a. Offers/quotes submitted in response to this solicitation shall not contain nor be subject to the quoter's/vendor's standard commercial terms and conditions. Any offer/quote submitted in response to this solicitation which includes the offeror's/vendor's standard commercial terms and conditions may be considered a material defect and may be rejected.

b. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale in their quote.

c. Offerors must provide the following information in their quote:

Complete business address of the quoter, the corporate name to be used on any resultant contract, and the remittance address if different from that above. If this name does not identify a "parent company" or sponsoring "corporation" name, also provide such identity, as appropriate.

− The Offeror’s Commercial and Government Entity (CAGE) Code and Dun & Bradstreet (DUNs) Number.

(IF AVAILABLE)

− Name, telephone numbers and e-mail address of person(s) to be contacted for clarification or questions to the quote.

− Fill-In Clauses/Provisions: Provide all fill-ins or certifications required by the solicitation, for inclusion in any resulting contract for the below provisions:

FAR 52.204-24

FAR 52.204-26

FAR 52.212-3 - Fill-in Paragraphs: l, n, q, and v.

DFARS 252.204-7016

Note: Reps/certs completed electronically and registered as current via SAM do not need to be resubmitted.

− Specific Quote validity period (required minimum is 60-days).

− Price List: Offeror must complete Attachment 2 for the base period and option period 1.

3. For email quotes, the Government office designated for receipt of the quote is the email inbox of the addressee indicated below. Notwithstanding the provisions at FAR 52.212-1(c), delivery is not accomplished until the addressee can open the email; delivery to a server or an email inbox on a server is not considered delivery to the designated Government office and the quotation is not under the Government's control until the addressee can open the email. The email shall not be delivered unless the entire content of the email and all attachments can be read by the addressee indicated above. Receipt of an electronic acknowledgment from the addressee establishes that a record was received but does not establish that the content sent corresponds to the content received. Email attachments are limited to no more than 10 MB. Offeros are specifically warned that email may be subjected to spam filters or attachment stripping. Offerors are recommended to verify receipt of their entire quote by contacting the designated point of contact below.

a. All transmissions must clearly state the solicitation number and the name of the Contracting Officer (KO) on the email subject to ensure proper receipt.

b. Point of Contact:

Jainer S. Aguilar II MEF Expeditionary Contracting Platoon Bldg. 324 Holcomb Blvd Camp Lejeune, NC 28542-0188 Phone: 910 451-0552 Email: jainer.s.aguilar@usmc.mil and 2d_ecp@usmc.mil.

4. Comprehensive responses to the requirements of this RFQ are required to enable the Government to evaluate the Offeror’s understanding of capability and approaches to accomplish the stated requirements. Quotes shall be submitted per the instructions herein, and non-conformance with the specified required content may be cause for rejection of the quote. The quote shall provide comprehensive responses to the areas provided for in this section.

The quote shall be a complete response to this RFQ, taking into consideration required quantities and delivery schedules specified in this solicitation. The successful quoter will be selected based on an evaluation of quotes as outlined in FAR 52.212-2, incorporated below.

5. Quoter’s expenses incurred as a result of quote preparation shall not be reimbursed by the U.S. Government.

(End of provision) mailto:jainer.s.aguilar@usmc.mil mailto:2d_ecp@usmc.mil

The provision at FAR 52.212-2, Evaluation- applies to this acquisition and is amended as follows:

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

1. This is a commercial item requirement using Simplified Acquisition Procedures under FAR part 12 and 13, respectively. Evaluation will be conducted using simplified procedures in accordance with FAR 13.106.

2. The Government will award to the responsible quoter whose quote, conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes: Technical and Past performance is more important than price.

a) Technical

b) Past Performance

c) Price – To be determined at the time of call

3. Technical Approach: The Offeror shall provide a capability statement that demonstrates their ability to perform the services in accordance with the requirements of the Performance Work Statement (PWS) within the required period of performance in the solicitation. Offerors should address coverage in the EUCOM AOR, emergency assistance, key personnel and their experience providing this type of service, equipment supplied, and any other relevant information.

4. Price: Will be evaluated for reasonableness at the BPA call level in accordance with the solicitation.

5. Past Performance: The apparent successful, prospective contractors shall have satisfactory past performance. Past Performance shall be evaluated in accordance with FAR 13.106-2(b)(3)(ii) and DFARS 213.106-2(b)(i). Contractors without a record of relevant past performance history may not be evaluated favorably or unfavorably for its past performance history. Contractors are encouraged to submit letters of recommendation from other U.S. contracts.

6. The Government intends to award solely on the information contained in the quote and intends to award without discussions. Therefore, each initial quote should contain the quoter’s best terms. However, the Government reserves the right to conduct discussions if the KO later determines them to be necessary.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

52.204-25

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

DEC 2021

https://www.acquisition.gov/

52.212-4

52.217-9 52.225-14

52.232-39

Contract Terms and Conditions--Commercial Products and Commercial Services Option to Extend the Term of the Contract Inconsistency between English Version and Translation of Contract.

Unenforceability of Unauthorized Obligations

DEC 2021

MAR 2000

FEB 2000

JUN 2013

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.243-1 52.243-1 Alt IV

Changes--Fixed Price Changes--Fixed-Price (Aug 1987) - Alternate IV

AUG 1987

APR 1984

52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012

252.209-7004

252.204-7016

252.204-7018

Safeguarding Covered Defense Information and Cyber Incident Reporting Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism Covered Defense Telecommunications Equipment or Services--Representation Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DEC 2019

MAY 2019

MAY 2019

JAN 2023

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7041 252.225-7060

Correspondence in English Prohibition on Certain Procurements from the Xianjiang Uyhur Autonomous Region

JUN 1997

JUN 2023

252.229-7001 Tax Relief APR 2020 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIOSN AND VIDEO

SURVEILANCE 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.

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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (OCT 2025)

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.

https://www.sam.gov/

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

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

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

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

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

"Service-disabled veteran-owned small business (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.

"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 at 13 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 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 http://www.sam.gov/

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.

(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 55% domestic content (yes/no)

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No.

(4) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or…