SAM RFQ.pdf

Request for Quote: FA301621U0259

Kitchen Equipment for Base Dining Facilities (The quote shall be effective through 30 Sep 21)

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal

Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the combined synopsis/solicitation; quotations are being requested and a separate

Request for Proposal (RFP) will not be issued. The solicitation number is #FA301621U0259 and is issued as a

Request for Quotation (RFQ). This combined synopsis/solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2021-06 and DFARS change notice 7/9/2021. This purchase is restricted to Small Business concerns. The NAICS code is 333241 with a size standard of 500 employees. This is a requirement for purchase of Kitchen Equipment for Base Dining Facilities.

(Please provide a quote for the line items listed below.

Failure to quote on all CLINs will render the quote unacceptable)

NOTE

• Brand names noted in this RFQ are not required. Any brand names, trade names, part numbers or model numbers used in this RFQ are strictly for the purpose of describing and establishing standards of quality, performance, characteristics and/or specifications desired. Such brand or trade names are not intended to limit or restrict competition, they are only provided to assist interested parties in quoting on this RFQ.

Quoters may submit quotes for any products substantially equivalent to those specified in the RFQ.

Quoters must provide documentation/literature if not quoting exact match.

• For all EQUIVALENT products offered, follow instructions below in section 11 of Special Notes and

Instructions

• All EQUIVALENT product offerings must meet the salient characteristics listed below in section 12 of

Special Notes and Instructions

ITEM DESCRIPTION QTY Unit Unit Price Extended

Amount

Convection Oven

Model SLGS-22 CCH

BRAND NAME OR EQUIVALENT

EA

Convection Oven

Model VC55G

Heavy Duty Gas Grill

Model MSA36

06 EA

Heavy Duty Gas Grill

Model MSA36

06 EA

40 Gallon Steam Kettle Propane (LP)

Model KGL40T

01 EA

Steam Kettle

Model K40ELT

07 EA

Steam Kettle

Model K40GLT

01 EA

Electric Counter Tilting Kettle

Model EC-6TW

02 EA

TOTAL: $

Please provide the information below:

FOB Destination Shipping Cost Included? Yes No

Payment Terms: Delivery Date:

Company Name: DUNS #

Cage Code:

POC: Telephone #

E-Mail Address: Tax ID#:

Warranty Information:

Do you have capacity to invoice electronically through WAWF? (Yes/No)

Special Notes and Instructions:

1. Notice to Quoter. Awaiting funds. Funds are not presently available for this requirement. No award will be made until funds are available to make payments under a contract. The Government reserves the right to cancel this purchase request, either before or after suspense date. In the event the Government cancels this solicitation, the

Government has no obligation to reimburse a quoter for any costs. The contractor shall not request, nor will the

Government make, payments for any preliminary measurement, quotes, bids, site visit, time or proposal cost incurred.

2. Questions. All questions pertaining to this RFQ shall be submitted in writing no later than 10:00 am CST, Tuesday, 7

September 2021 to SSgt Christopher Zapata at christopher.zapata.2@us.af.mil.

3. Small Business Set-Aside. This is a notice that this order is a total set-aside for small business concerns holding

NAICS code 333241. Only quotes submitted by a small business concern will be accepted by the Government.

Any quote that is submitted by a contractor that is not small business concern will not be considered for award.

mailto:christopher.zapata.2@us.af.mil

4. Quote Preparation Instructions. Please respond to this RFQ by emailing response to Contract Specialist SSgt

Christopher Zapata at christopher.zapata.2@us.af.mil and Contracting Officer Katherine Zabawa at katherine.zabawa@us.af.mil no later than 4:00 pm CST, Thursday, 9 September 2021 (or sooner if possible) in order to be considered timely. Any quote, modification, revision, or withdrawal of a quote received after the exact time specified above shall be determined as late and will not be considered unless received before award is finalized, the

Contracting Officer determines that accepting the late quote would not unduly delay the acquisition, and it was the only quote received.

5. Basis for Award: 502d CONS/JBKAB will issue a firm fixed price purchase order to the vendor who is found to be responsive and who provides the best value to the Government.

6. Best Value Determination. The technically acceptable, lowest priced quote will be determined to represent the best value. Technical acceptability will be determined by an evaluation of the quoted requirements that meet the criteria contained in the solicitation The Government will conduct a complete price analysis on the

Lowest Priced Technically Acceptable offer, to determine if proposed prices are reasonable and balanced. All proposed prices for all contract periods will be evaluated for reasonableness, which may be determined based on prices submitted by competition, historical pricing, current market conditions, comparison to the

Independent Government Estimate, and/or other proposal analysis techniques. The Government may require submission of information other than cost or pricing data to the extent necessary to evaluate price reasonableness. The government may conduct interchanges with one, some, none or all vendors at its discretion. If the lowest priced submission does not meet the criteria described within the solicitation, the government reserves the right to evaluate the next lowest priced submissions until it has determined a technically acceptable submission. The evaluation will stop at the point when the government determines two

(or less if there are less than two technically acceptable offers present) technically acceptable offers with the lowest evaluated prices; the lowest of those offers will represent the best value. Contingent upon a determination of contractor responsibility, award will be made to lowest priced offeror of those two technically acceptable without further evaluation of other offers. Award will be made to the responsible vendor whose quote is the lowest evaluated price among technically acceptable quotes.

7. Mandatory Registrations. To be eligible for award, registration with the System for Award Management (SAM) must be current. To register or update former CCR and Reps & Certs that are not current go to https://www.sam.gov/portal/public/SAM/ and provide mandatory information.

8. Site Visit. N/A

9. Delivery/Installation: Delivery shall be FOB Destination and included in price of each CLIN noted above unless otherwise and clearly stated by offeror in the submitted offer. The items must be fully assembled and ready for use upon delivery.

10. Site Maintenance: Work areas shall be maintained in a neat, clean, safe condition and all trash, debris, and garbage, which the contractor generates shall be removed from the premises upon completion and delivery, or daily if the completion/delivery will be completed in more than one day.

11. Brand Name or Equivalent. When using an “Equivalent product” to substitute the requested brand name product, the contractor must include the following: (1) MFG name, (2) Part Number, (3) illustrations, and (4) literature or description to support equal product substitution in your RFQ submission. Details of the requesting product to fulfill requirement must be met. See Salient characteristics below.

12. Salient Characteristics. Equivalent offers must meet the below salient characteristics to be considered an equivalent.

Failure to meet the below characteristics renders the quote as unacceptable.

CLIN 0001 Southbend Convection Oven Model SLGS-22 CCH or equal

- Energy Star

- High Efficiency Burners

- Natural Gas 72,000 BTU per oven cavity (144,000 BTU Combined)

- Double Dec Convection oven

- Stainless Steel front, top and sides

- Oven interior light

- Porcelain interior

- Electronic ignition with solid state temperature controls

- Forced cool down fan mode

- Oven “Ready” light mailto:christopher.zapata.2@us.af.mil mailto:katherine.zabawa@us.af.mil https://www.sam.gov/portal/public/SAM/

- 150-500 F temperature controller with 140-200 F Hold thermostat Dual digital display

- Soft Air, two speed, ½ HP, Fan motor

- Heavy duty cool touch door handles

- Standard 120/60/1 phase electric with 6’ cord Nema 5-15p

- Doors open 180 degrees

- 6” casters, 2 locking

CLIN 0002 Vulcan Convection Oven VC55G or equal

- Energy Star, NSF Certified

- High Efficiency Burners

- Propane 50,000 BTU per oven cavity (100,000 BTU Total)

- Double Stack Convection oven

- Stainless Steel front, top and sides

- Cool to touch handles

- Porcelain enamel interior

- Electronic spark igniter

- Oven cool switch for fast cool down

- Oven “Ready” light

- 150-500 F temperature controller with 140-200 F Hold thermostat Dual digital display

- One enterior light per oven

- Two speed, ½ HP, Fan blower motor

- 5 nickel plated oven racks per section, dimensions: 28 ¼” x 20 ½”

- Standard 120/60/1 phase electric with 6’ cord Nema 5-15p

- Doors open 180 degrees

- 6” casters, 2 locking

- Maximum Height 69”

CLIN 0003 Vulcan Electric Deep Fat Fryer Model 1GR85M or equal

- 16 Gauge Stainless steel tank, 85 lb capacity

- Stainless steel cabinet door, sides, front and rear panels

- Solid state analog knob control

- Temperature range of 200°F-390°F (93°C-190°C)

- 24 kW low watt density ribbon style heating element

- 1-1/4” (3.2 cm) full port ball type drain valve

- Multiple Fat modes

- 15,000 BTU

- Includes two twin fry baskets with plastic-coated handles

- Natural Gas 115v electrical-10 Year Fry Tank warranty

- Maximum Dimensions 47 1/8” (h) x 21” (w) x 34.5”(d), Working height 36 1/4"

- 6” adjustable casters (2 locking)

- NSF certified

CLIN 0004 Vulcan Heavy Duty Gas Grill Model MSA36 or equal

- 81,000 BTU

- Natural Gas, Manual Ignition

- Stainless Steel Front, sides, and 4” front top ledge

- Fully welded stainless and aluminized steel chassis frame

- 4” adjustable legs

- 1” thick polished steel griddle plate stainless steel cooking surface

- 36”(w) x 24”(d) cooking surface

- 4” 12 gauge S/S backsplash with tapered side splashes

- One embedded snap action thermostat per burner

- Chrome plated knob guards

- Temperature adjust from 200 to 550F

- One pilot safety valve for every two burners, will completely shut off gas to pilot and burners if pilot extinguishes

- 6 quart stainless steel grease drawer

- ¾” rear gas connection and gas pressure regulator

- 27,000 BTU Atmospheric burner, One every 12 inches total 81,000BTU

- 36”W x 31.5” D x 15.25”H (11 1/8” working height) maximum

- NSF Certified

CLIN 0005 Cleveland 40 Gallon Steam Kettle Propane Model KGL40T or equal

- 40 Gallon Capacity, Tilting

- 2/3 Jacketed

- 316 Stainless Steel interior,

- Floor mounted control console

- Solid State Controls, Automatic ignition system

- 304 Stainless steel finish

- 2” flanged feet

- LP Gas, 120v/60/1ph, 100.0 amps w/cord and plug

- LED On indicator light

- No draw off

- Spring Assisted cover (40 gallon)

- 140000 BTU

- 50 PSI Steam Jacket Rating and Safety Valve

- Low Water Warning

- Permanently filled with treated distilled water, No venting or refilling required

CLIN 0006 Vulcan Steam Kettle Model K40ELT or equal

- 480v/50-60/3 Electrical

- Stainless steel self-contained, 2/3 jacketed floor mounted tilting steam kettle

- Ellipsoidal bottom kettle liner formed and fully welded standard type 316 stainless steel exterior

- Embossed gallon markings

- 50 PSI steam jacket rating

- Stainless steel enclosure for water resistant controls

- Self-locking tilt mechanism and faucet bracket

- Kettle tilts forward 90 degree to completely empty

- 1-5/8” diameter Tubular stainless steel legs with flanged feet

- Controls include power switch, power “on” light, solid state temperature control, vacuum/pressure gauge, pressure relief valve, low water light and low water shut off

- Operating temperature range of 165-285 F minimum

CLIN 0007 Vulcan Steam Kettle Model K40GLT or equal

- Natural Gas, ¾” pipe, 100,000 BTU

- Stainless steel self-contained, 2/3 jacketed floor mounted tilting steam kettle

- Bottom kettle shall be hemispherical design for superior heat circulation

- Jacket enclosure shall contain factory sealed, distilled water

- Kettle stainless steel type 304, 316

- Fully insulated

- 50 PSI steam jacket rating

- Kettle tilts forward 95 degree to completely empty

- 1-5/8” diameter Tubular stainless steel legs with flanged feet

- Solid state temperature control w/graduated warm, simmer and boil settings, Low water shut off with indicator light, pressure switch, Gas control w/combination gas valve,

- 115v/60/1p electrical connection w/cord 6’long

- UL and NSF Certified

CLIN 0008 Crown Electric Counter Tilting Kettle

- Low water level cut off and indicator

- Safety relief valve

- All welded satin finish stainless steel type 304 construction

- Type 316 stainless steel liner

- 2/3 steam kettle double wall kettle interior

- Counter top model

- 50PSI high pressure operation for higher cooking temperature

- Removable element, removable operating handle with heat proof knob

- Clean lock to hold kettle in cooking position or 105 degrees for ease of cleaning

- Bottom of kettle is hemispherical in design

- NSF certified

- Water resistant controls

- Temperature range of 165F to 285F, 6 gallon size kettle

- 208v/60/3Ph, 20.8amps

13. The following FAR/DFARS/AFFARS provisions and clauses are applicable to this solicitation:

52.204- 7 System for Award Management

52.204- 13 System for Award Management Maintenance

52.204- 16 Commercial and Government Entity Code Reporting

52.204- 18 Commercial and Government Entity Code Maintenance

52.204-19 Solicitation provision and contract clause

52.204- 22 Alternative Line Item Proposal

52.211 -17 Delivery of Excess Quantities

52.212- 1 Instructions to Offerors-Commercial Items

52.212- 4 Contract Terms and Conditions—Commercial Items

52.232- 40 Providing Accelerated Payments to Small Business Subcontractors

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

252.204-7003 Control of Government Personnel Work Product

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—

Representation

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance

Evaluations.

252.215.7013 Supplies and Services Provided by Nontraditional Defense Contractors

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

252.223-7008 Prohibition of Hexavalent Chromium.

252.225-7001 Buy American and Balance of Payments Program

252.225-7002 Qualifying Country Sources as Subcontractors

252.225-7012 Preference for Certain Domestic Commodities

252.225-7036 Buy American—Free Trade Agreements—Balance of Payments Program. Alt 1

252.225-7048 Export – Controlled Items

252.225-7974 Representation Regarding Business Operations with the Maduro Regime (Deviation 2020-O0005)

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

252.232-7010 Levies on Contract Payments

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)

252.243-7001 Pricing of Contract Modifications

252.244-7000 Subcontracts for Commercial Items

252.247-7023 Transportation of Supplies by Sea

5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT. (OCT 2020)

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 Items. 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 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

(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:

https://www.sam.gov/

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS. (FEB

2021) Alt 1

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. 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 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_252523041 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.

“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 concern”—

(1) Means a small business concern—

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

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

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates that is independently owned and operated, not http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

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

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

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

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

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

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

“Women-owned 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.

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.

(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 Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), 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 will be performed in the

United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □is, □is not a small business http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876 concern.

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

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □is, □is not a small disadvantaged business concern as defined in 13 CFR124.1002.

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i)It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii)It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each

WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i)It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii)It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

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

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

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

(i)It □is, □is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified

HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii)It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

____ Black American.

____ Hispanic American.

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

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

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

____ Individual/concern, other than one of the preceding.

(d) 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) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products,i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053372

[List as necessary]

(3) 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) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,”

“component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free

Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements–Israeli Trade Act.”

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

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or

Peruvian End Products) or Israeli End Products:

(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, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

(iv) 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 I. If Alternate I to the clause https://www.acquisition.gov/content/part-25-foreign-acquisition#i1093771 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446 https://www.acquisition.gov/content/part-25-foreign-acquisition#i1093771 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 Canadian end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

Canadian End Products:

Line Item Number

(3) 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 Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

Canadian or Israeli End Products:

Line Item Number

(4) 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 paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than

Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or

(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, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

(iv) 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 I. If Alternate I 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 Canadian end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

Canadian End Products:

(3) 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 Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

Canadian or Israeli End Products:

(4) 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 paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the…