RFQ W50S6S25Q0011 - Crane BPA.docx

Request for Quotation W50S6S25Q0011 162d Wing, AZ Air National Guard (ANG) Crash Recovery Crane Services BPA

(1) 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 requested and a written solicitation will not be issued.

(2) This solicitation/synopsis reference number is W50S6S25Q0011 and is being issued as a Request for Quote (RFQ).

(3) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-03, Dated 17 Jan 2025.

(4) This acquisition is 100% set-aside for small businesses. The associated NAICS code is 238990 with a $19MIL size standard.

(5) Any offeror/individual desiring to be considered for Blanket Purchase Agreement (BPA) award must submit a completed Attachment 1 - Price List. Vendors shall also submit a capabilities statement/ technical narrative - Refer to Evaluation Sub-factor 2 – Technical Capability (RFQ pg. 7).

Quote Suspense – By Date and Time indicated in SAM.gov via email to:

162msc.162msc.contracting@us.af.mil All responsible sources may submit a quote Quotes should be marked with solicitation number W50S6S25Q0011

Include the following with your response:

- Completed Attachment 1 - Price List.

- Capabilities statement/ technical narrative (Refer to FAR 52.212-2 Evaluation Factor 2)

- Vendor Information (table below):

PAYMENT & DISCOUNT TERMS

(6) The following are anticipated BPA Line Items

0001 - Crane Services IAW PWS Unit of Issue: Job Period of Performance (POP) – As specified in Master BPA.

QTY – Order Dependent Firm Fixed Price – Refer to Price List (Attachment 1) Delivery – FOB Destination

Performance Locations:

Morris Air National Guard Base - Tucson, AZ 85706

(7) The following clauses and provisions are incorporated and will remain in full force in any resultant award:

FAR 52.202-1 - Definitions FAR 52.204-7 - System for Award Management FAR 52.204-10 - Reporting Executive Compensation and First-Tier Subcontract Awards FAR 52.204-13 - System for Award Management Maintenance FAR 52.204-16 - Commercial and Government Entity Code Reporting FAR 52.204-18 - Commercial and Government Entity Code Maintenance FAR 52.204-19 - Incorporation by Reference of Representations and Certifications FAR 52.204-21 - Basic Safeguarding of Covered Contractor Information Systems FAR 52.204-22 - Alternative Line Item Proposal FAR 52.204-25 - Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment FAR 52.209-6 - Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment FAR 52.209-10 - Prohibition on Contracting With Inverted Domestic Corporations FAR 52.212-1 - Instructions to Offerors FAR 52.212-4 - Terms and Condition - Commercial FAR 52.219-28 - Post-Award Small Business Program Representation FAR 52.222-3 - Convict Labor FAR 52.222-6 - Construction Wage Rate Requirements FAR 52.222-21 - Prohibition of Segregated Facilities FAR 52.222-26 - Equal Opportunity FAR 52.222-36 - Equal Opportunity for Workers with Disabilities FAR 52.222-55 - Minimum Wages Under Executive Order 13658 FAR 52.222-62 - Paid Sick Leave Under Executive Order 13706 FAR 52.223-5 - Pollution Prevention and Right-to-Know Information FAR 52.223-10 - Waste Reduction Program FAR 52.225-13 - Restrictions on Certain Foreign Purchases FAR 52.232-18 - Availability of Funds FAR 52.232-33 - Payment by Electronic Funds Transfer— System for Award Management FAR 52.232-36 - Payment by Third Party FAR 52.232-37 - Multiple Payment Arrangements FAR 52.232-39 - Unenforceability of Unauthorized Obligations FAR 52.232-40 - Providing Accelerated Payments to Small Business Subcontractors FAR 52.233-1 - Disputes FAR 52.233-3 - Protest after Award FAR 52.233-4 - Applicable Law for Breach of Contract Claim FAR 52.243-1 Alt I - Changes - Fixed Price FAR 52.246-4 - Inspection of Services -- Fixed-Price FAR 52.247-34 - FOB Destination FAR 52.249-4 - Termination for Convenience of the Government (Services) (Short Form) DFARS 252.203-7000- Requirements relating to Compensation of Former DoD Officials DFARS 252.203-7002 - Requirement to inform Employees of Whistleblower Rights DFARS 252.203-7005 - Representation Relating to Compensation of Former DoD Officials DFARS 252.204-7000 - Disclosure of Information DFARS 252.204-7003 - Control of Government Personnel Work Product DFARS 252.204-7004 - Antiterrorism Awareness Training for Contractors DFARS 252.204-7008 - Compliance with Safeguarding Covered Defense Information Controls DFARS 252.204-7012 - Safeguarding Covered Defense Information and Cyber Incident Reporting DFARS 252.204-7015 - Notice of Authorized Disclosure of Information for Litigation Support DFARS 252.204-7016 - Covered Defense Telecommunications Equipment or Services—Representation DFARS 252.204-7017 - Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation DFARS 252.204-7018 - Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services DFARS 252.204-7019 - Notice of NIST SP 800-171 DoD Assessment Requirements DFARS 252.204-7020 - NIST SP 800-171 DoD Assessment Requirement DFARS 252.204-7022 - Expediting Contract Closeout DFARS 252.204-7024 - Notice on the Use of the Supplier Performance Risk System DFARS 252.209-7999 - Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law DFARS 252.213-7000 - Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations DFARS 252.225-7048 - Export-Controlled Items DFARS 252.225-7055 - Representation Regarding Business Operations with the Maduro Regime DFARS 252.225-7056 - Prohibition Regarding Business Operations with the Maduro Regime DFARS 252.225-7059 - Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region—Representation DFARS 252.225-7060 - Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region DFARS 252.232-7003 - Electronic Submission of Payment Requests DFARS 252.232-7010 - Levies on Contract Payments DFARS 252.232-7017 - Accelerating Payments to Small Business Subcontractors--Prohibition on Fees and Consideration DFARS 252.237-7010 - Prohibition on Interrogation of Detainees by Contractor Personnel DFARS 252.239-7098 - Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites—Representation (DEVIATION 2021-O0003) DFARS 252.243-7001 - Pricing of Contract Modifications DFARS 252.244-7000 - Subcontracts for Commercial Items DFARS 252.247-7023 - Transportation of Supplies by Sea

(8) The following additional provisions and clauses are applicable to this procurement.

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

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

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

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

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

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

(i) For covered equipment —

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

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

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

(ii) For covered services—

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

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

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

(i) For covered equipment —

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

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

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

(ii) For covered services—

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

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

(End of provision)

FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS

Quotation Evaluation and Award Criteria 162d Wing intends to establish one or more Blanket Purchase Agreement(s) (BPAs), with the responsible offeror, whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Factors other than price, when combined, are approximately equal to price.

Please note that a BPA(s) is not a contract. A BPA(s) is a streamlined method for acquiring products or services on an as-needed basis from qualified sources that are readily available and thus eliminate the need for repetitive costly re-procurements. There is no minimum or maximum guaranteed quantity. The Government does not intend to pay for any information provided under this notice. The Government is not obligated to notify respondents of the results of this notice. BPA(s) will be valid for a maximum of five (5) years, unless capacity is exhausted sooner.

All quotes will be subjected to an initial screening for completeness and conformance with the solicitation instructions before being evaluated. A quote that is incomplete will not be considered for award. The following factors shall be used to evaluate offers:

FACTOR 1 – Price – Submitted pricing shall be all inclusive. Utilizing attachment 1 – Price List, offeror shall provide their best pricing available for the crash recovery crane service calls. Offeror shall include a breakdown of applicable taxes/fees.

Offeror’s proposed pricing will be evaluated for price reasonableness, accuracy and/or feasibility. Elements of proposed pricing will be reviewed against the scope of work to determine whether pricing is reasonable and appropriate for the work to be performed; reflect a clear understanding of the requirements and consistent with the unique methods of performance described in the offeror’s technical narrative. The Government may determine that an offer is unacceptable if the prices are significantly unbalanced.

FACTOR 2 – Technical - The Offeror shall submit a capabilities statement/narrative with their submission. Offeror shall address the following Sub-Factors according to the criteria below; each Sub-Factor is equally weighed.

Sub-factor 1 – Vendor Response Time – This sub-factor will be evaluated to assess Vendor ability to mobilize and arrive on site with PWS specified personnel and equipment within 1 hour.

The Offeror shall provide a physical address from which the PWS specified equipment and personnel shall be dispatched from. Location shall not exceed thirty (30) miles or one hour driving distance from Tucson International Airport. (Verification will be made by inputting the address quoted into Google Maps).

Sub-factor 2 – Technical Capability - This sub-factor will be evaluated to assess the probability of successful performance as they relate to Crash Recovery Crane Services, that either meets or exceeds the government’s requirements as defined in the PWS.

Provide a summary of resources available for this requirement, key personnel names, positions/titles, relevant credentials/certifications, and years of experience.

Please note: The capabilities statement/narrative must demonstrate an appropriate level of personnel and resources necessary to accomplish the requirements listed in the PWS. Failure to demonstrate an appropriate level of personnel and capabilities available to meet the PWS requirements may result in a determination that the vendor is technically unacceptable.

The capabilities statement/narrative shall be a written submission limited to a total of 10 single-spaced pages, excluding cover sheet, one-sided, letter size pages, 10–12-point font size in an easily readable font, such as Times new Roman. Documents exceeding 10 pages will not be considered, beginning with page 11.

Based upon the Government’s evaluation of offeror provided information, one of the following adjectival ratings will be assigned.

FACTOR 3 – Contractor performance data –The Government will analyze and consider past performance information obtained from:

• Contractor Performance Assessment Reporting System (CPARS)

• Supplier Performance Risk System (SPRS)

• Other Publicly Available Information

Performance Ratings and Confidence Assessment. The Offeror shall receive one rating as an overall confidence assessment describing how well the Offeror is expected to perform given the Offeror's verifiable performance history.

Table 5. Performance Confidence Assessments Rating Method

Government has a high expectation that the offeror will successfully perform the required effort.

Government has a reasonable expectation that the offeror will successfully perform the required effort.

Government has a low expectation that the offeror will successfully perform the required effort.

Government has no expectation that the offeror will be able to successfully perform the required effort.

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

The Government intends to award without discussions. Offerors shall ensure their initial proposal contains its best terms from a technical and price standpoint. However, the Contracting Officer reserves the right to hold discussions if necessary.

(a) All quotes will be subjected to an initial screening for completeness and conformance with RFQ instructions before being evaluated. A quote that is incomplete will not be considered for award.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(c) The Government intends to award without discussions. Offerors shall ensure their initial response contains its best terms from a technical and price standpoint. However, the Contracting Officer reserves the right to hold discussions if necessary.

(d) Note: In Accordance with Federal Acquisition Regulation (FAR) 9.104-1: To be determined responsible, a prospective contractor must:

1. Have adequate financial resources to perform the contract, or the ability to obtain them

2. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

3. Have a satisfactory performance record.

4. Have a satisfactory record of integrity and business ethics

5. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors).

6. Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

7. Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

Note: The Government reserves the right to further verify contractor responsibility by obtaining information from System for Award Management (SAM.gov) - Lack of Active SAM.gov entity registration will preclude contract award.

(End of Provision)

FAR 52.212-3 - Offeror Representations and Certifications—Commercial Products and Commercial Services (May 2024)

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

(a)Definitions. As used in this provision—

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

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

Forced or indentured child labor means all work or service—

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

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

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

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

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

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

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

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

(3)PSG 88, Live Animals;

(4)PSG 89, Subsistence;

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

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

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

(8)PSC 9610, Ores;

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

(10)PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

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

Sensitive technology—

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

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

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

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

Service-disabled veteran-owned small business (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 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 women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(d)Representations required to implement provisions of Executive Order11246- (1)Previous contracts and compliance. The offeror represents that- (i)It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

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

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

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

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

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

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

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

[List as necessary]

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

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

(i)(A)The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

(B)The terms "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

(ii)The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

Free Trade Agreement Country End Products (Other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(iii)The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

Other Foreign End Products:

Line Item No. Country of Origin Exceeds 55% domestic content (yes/no)

[List as necessary]

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

Line Item No. ___

[List as necessary]

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

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

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

Israeli End Products:

Line Item No.

[List as necessary]

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

(g)(1)(i)(B) The terms “Korean end product”, “commercially available off-the-shelf (COTS) item,” “critical component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.”

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

Korean End Products or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(4)Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i)The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(ii)The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

Line Item No. Country of Origin

[List as necessary]

(iii)The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h)Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals–

(1)□ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2)□ Have, □ have not, within…