SAM RFQ FA301622U0073.pdf

Request for Quote: FA301622U0073

DFAC Water Softener, Tenderizer, Slicer, Griddle

BRAND NAME OR EQUIVALENT

(The quote shall be effective for 30 days)

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 only solicitation; quotations are being requested and a separate Request for

Proposal (RFP) will not be issued. The solicitation number is FA301622U0073 and is issued as a Request for

Quotation (RFQ). This combined synopsis/solicitation incorporates provisions and clauses in effect through Federal

Acquisition Circular 2022-06 and DFARS change notice 04/28/2022. This purchase is restricted to Small Business concerns. This NAICS code is 333241 with a size standard of 500 employees. This is a brand name or equivalent requirement for purchase of DFAC Equipment.

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

Failure to quote on all CLINs will render the quote unacceptable and ineligible for award consideration.)

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 must provide documentation/literature if not quoting exact match.

For all EQUIVALENT products quoted, follow instructions below in Section 7 of Special Notes and Instructions.

All EQUIVALENT products quoted must meet the salient characteristics listed below in Section 8 of Special

Notes and Instructions.

CLIN Product QTY Unit Unit Price Extended

Amount

MFR: Hobart Model: WS-80

Description: WATER SOFTENER, 14 GALLON REGENERATION

VOLUME, SALT ALARM, HOLD 2 BAGS OF SALT

Brand name or EQUIVALENT

10 Each

MFR: Hobart Model: 403-1

Description: MEAT TENDERIZER, 115V/60/1PH, WITH JULIENE

SLICER 3/8"

3 Each

MFR: Globe Model: S13

Description: HD SLICER, MANUAL 13" STEEL KNIFE, 115V/60/1PH, NEMA 5-15P

4 Each

MFR: Vulcan Model: MSA48

Description: HEAVY DUTY GRIDDLE, NATURAL GAS, 48"WX24"D, 1" THICK POLISHED GRIDDLE PLATE

5 Each

TOTAL

Please provide the information below:

FOB Destination Shipping Cost Included? Yes No

Payment Terms: Delivery Date:

Company Name: UEI #

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. Small Business Set-Aside. This is a notice that this is a total set-aside for Small Business Concerns. Only quotes submitted by Small Business Concerns will be accepted by the Government. Any quote that is submitted by a contractor that is not a Small Business Concern will not be considered for award.

2. Site Visit: N/A

3. Questions. All questions pertaining to this RFQ shall be submitted in writing no later than 2:00 PM CST, Wednesday, 22 June 2022 to dann_miggwin.uy.ph@us.af.mil.

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

Miggwin Uy at dann_miggwin.uy.ph@us.af.mil and Contracting Officer Katherine Zabawa at katherine.zabawa@us.af.mil no later than 2:00 pm CST, Thursday, 30 June 2022 (or sooner if possible) in order to be considered timely. Offerors response to this RFQ shall include both a Price Quote and a Technical

Quote. 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, responsible, and who provides the best value (must be rated technically acceptable) at the lowest fair and reasonable price for the requirement. The Government intends to make one (1) single award from the solicitation based on available funds.

6. Best Value Determination. Best Value Determination. For this procurement, Best Value determination will be made based on reasonable priced, Technically Acceptable quotes. The following factors shall be used to evaluate quotes: technical acceptability and reasonable pricing. Only technically acceptable and reasonable quotes are eligible for award and only quotes received from Quoters that provide unit pricing for all CLINs will be considered.

a. The following process will be followed:

(i) Quotes will be reviewed to ensure that all line items have been priced. Quoters that submitted prices for ALL line items will initially be ranked based on total evaluated price (TEP). TEP will be determined by adding all the line items unit prices for an overall amount, and then all quotes will be ranked lowest to highest.

(ii) If three (3) or fewer quotes are received, the government will evaluate all quotes for technical acceptability.

If more than three (3) quotes are received, the government will evaluate the three (3) lowest ranked quotes for technical acceptability, however the government reserves the right to evaluate additional quotes for technical acceptability if deemed to be in the Government’s best interest. If additional quotes are evaluated for technical acceptability, they will be evaluated in the order of rank as detailed in 6a(i).

(iii) The technical acceptability team will evaluate the factors identified below. For the quote to be technically acceptable, each technical factors must be rated as acceptable. The failure of a Quoter to meet any or all of the technical criteria will result in a technically unacceptable rating and be ineligible for award. The technical factors will receive one of the ratings listed below:

Acceptable: Quote clearly meets the minimum requirement of the solicitation

Unacceptable: Quote does not clearly meet the minimum requirements of the solicitation

(iv) Technical Factor. The Government will evaluate the quotes for technical acceptability, assigning ratings as described in paragraph 6a(iii) above. The failure of a quote to meet any or all of the technical criteria will result in a technically unacceptable rating and preclude award.

FACTOR 1 – Brand Name or Equivalent. All items quoted shall either match the brand name/model numbers specified within the CLIN table, or substitute an equivalent product that meets ALL the salient characteristics listed in Section 8.

The standard has been met when: Quoters submit a quote matching the brand name/model numbers specified within the CLIN table, or substituting equivalent products. Quotes for equivalent products include sufficient information to describe the equivalent product and show that ALL salient characteristics in Section

8 are fully met.

(v) Price Reasonableness. 502 CONS/JBKAB, using one or more of the techniques defined in FAR 13.106-3 and/or 15.404-1, will determine if the lowest priced, technically acceptable quotes are fair and reasonable.

7. Brand Name or Equivalent. When using an “Equivalent product” to substitute the requested brand name product, the contractor must include, at a minimum, the following: (1) Manufacturer 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.

8. 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: Water Softening System

- Hobart Model WS-80 or Equal

- Removes hardness to less than ½ gpg

- 2 tank system-one tank provides water while the other is regenerating

- Water meter is adjustable

- Top mounted regeneration control valve

- Control valve operates on minimum inlet pressure of 15 psi

- No electric hookup

- Control valve will incorporate four operational cycles: service, brine draw, slow rinse, and a combined fast rinse and brine refill

- Control valve will prevent bypass of hard water during the regeneration cycle

- Maximum working pressure of 125 psi for media tanks

- Corrosion resistant combination salt and brine tank

- Safety overflow in brine tank

- Salt Alarm

- 28” (h) x 20” (w) x 22” (d)

CLIN 0002: Meat Tenderizer

Hobart Model 403-1 or Equal

- 1/2 HP motor

- 6 foot, 3 wire cord and plug for grounding

- Interlocked safety translucent guard

- Electro-magnetic sensing safety switches that cannot be mechanically blocked

- Integral chute keeps hand a safe distance from blades

- Hardened Steel Worm Drives

- Bath lubricated needle and ball anti-friction bearings in transmission

- Grease packed ball bearings in motor

- Heavy Duty Stainless Steel blades

- Easily removable Combs

- Lift Out Unit Frame, simplifies cleaning

- Compact size, 21 7/16”H, takes up 10 ½” x 7 7/8” counter space, with a feed throat opening of 1 3/8” x 7

7/8”

- 115/60/1 electrical

- One year warranty on parts, labor and mileage

- With Julian Meat Slicer attachment

CLIN 0003: Slicer

- Globe Model S13 or Equal

- 1/2HP Motor, 115/60/1 electrical, 5-15 NEMA plug

- EZ-Glide adjustable slice table

- 13” Precise Edge hardened steel alloy hollow ground knife

- Poly V-belt Drive

- Precision indexing system for accurate slice thickness

- Top mounted removable knife sharpening system

- Interlock prevents slicer from operating without knife cover in place

- Tilting Carriage

- Anodized aluminum construction

- Two year parts, one year labor plus 15 year on the knife drive gears warranty

CLIN 0004: Griddle

Vulcan Model MSA48 or Equal

- 108,000 BTU

- 4 Burner

- Natural Gas,

- Stainless Steel Front, sides,

- Fully welded stainless and aluminized steel chassis frame

- 11 1/8” cooking height on 4” adjustable legs

- 1” thick polished steel plate

- 12 gauge 4” backsplash with tapered side splashes

- Mechanical Snap Action thermostat for each burner (4)

- Manual Ignition

- 6 quart stainless steel grease drawer

- Thermostat knob guards

- Temperature adjust from 200 to 550F

- One pilot safety for every 2 burners

- 3 ½” wide stainless steel front grease trough

- ¾” rear gas connection and gas pressure regulator

- 48”W x 31 ½”D x 15 ¼” H maximum size

- NSF, CSA Certified

- 1 year limited parts and labor warranty

9. Discussions/Interchanges. The Government intends to award a purchase order without discussions or interchanges with respective vendors/quoters. The Government however reserves the right to conduct discussion if deemed in the best interest. The Government may consider, throughout the evaluation, the

“correction potential” of any quotes. The judgement of such “correctional potential” is within the sole discretion of the Government and may be held with all, some, or none of the Quoters. If any aspect of a Quoter’s quote does not meet the Government requirements and is not considered correctable, the quote will be ineligible for award.

10. Mandatory Registrations. To be eligible for award, registration with the System for Award Management

(SAM) must be current (legacy for On-line Registration and Certifications Application (ORCA) and Central

Contractor Registration (CCR) registrations). To register or update former CCR and Reps & Certs that are not current go to https://www.sam.gov/SAM/ and provide mandatory information.

11. Delivery. 45 days ARO. Delivery shall be FOB Destination and included in CLIN prices noted above, unless otherwise and clearly noted by quoter in submitted quote.

12. 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.

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

(For full text references, go to www.acquisition.gov.)

CLAUSES INCORPORATED BY REFERENCE

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 Incorporation by Reference of Representations and Certifications

52.204-22 Alternative Line Item Proposal

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

52.211-6 Brand Name or Equal

52.211-17 Delivery of Excess Quantities

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services

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

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

252.204-7003 Control of Government Personnel Work Product

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

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

252.223-7008 Prohibition of Hexavalent Chromium

252.225-7001 Buy American and Balance of Payments Program

252.225-7002 Qualifying Country Sources as Subcontractors

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

252.225-7048 Export-Controlled Items

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

252.232-7010 Levies on Contract Payments

252.232-7017 Accelerating Payments to Small Business Subcontractors--Prohibition on Fees and Consideration https://www.sam.gov/SAM/

252.243-7001 Pricing of Contract Modifications

252.244-7000 Subcontracts for Commercial Items

252.246-7008 Sources of Electronic Parts

252.247-7023 Transportation of Supplies by Sea

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

CLAUSES IN FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT. (NOV 2021)

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

Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Products 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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (MAY 2022) 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 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 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—

(1) Means a concern, including its affiliates, that is independently owned and operated, not 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.

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

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

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

51 percent of the stock of which is owned by one or more women; and

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

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States.

(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 it □ is, □ is not a small business 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) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(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.

(iii) The terms "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

[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) (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.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "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.

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:

Line Item No.

(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 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

Peruvian End Products) or Israeli End Products:

(5) 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)(5)(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:

(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 a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability.