Sol_1305M326Q0004.pdf

The incumbent contract was awarded to RCG of North Carolina, LLC for a 5-year aggregate of $34,647.12.

COMBINED SYNOPSIS/SOLICITATION

Purchase and Delivery of Hydrogen Gas to the National Weather Service (NWS), Amarillo, TX Weather Forecast Office (WFO)

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(ii) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number 1305M326Q0004.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-06 (OCT 2025) (Deviation 2025-07) (May 2025).

(iv) This solicitation is being issued as a total Small Business Set-Aside. The associated NAICS code is 325120. The small business size standard is 1,200 Employees.

(v) This combined solicitation/synopsis is for purchase of the following commercial item(s):

CLIN 0001 – Base Year Purchase and delivery of hydrogen gas in accordance with the Statement of Need. Period of Performance 01/01/2026 through 12/31/2026.

Provide unit pricing for the below:

Cost per cylinder: ___________________ Delivery Costs: _____________________ Cylinder Rental Costs: _______________ Hazmat Fees: ______________________ Overhead/Other (optional): ___________ Estimated annual total for 230 cylinders: _______________

CLIN 1001 – Option Year 1 Purchase and delivery of hydrogen gas in accordance with the Statement of Need. Period of Performance 01/01/2027 through 12/31/2027.

Provide unit pricing for the below:

Cost per cylinder: ___________________ Delivery Costs: _____________________ Cylinder Rental Costs: _______________ Hazmat Fees: ______________________ Overhead/Other (optional): ___________ Estimated annual total for 230 cylinders: _______________

CLIN 2001 – Option Year 2 Purchase and delivery of hydrogen gas in accordance with the Statement of Need. Period of Performance 01/01/2028 through 12/31/2028.

Provide unit pricing for the below:

Cost per cylinder: ___________________ Delivery Costs: _____________________ Cylinder Rental Costs: _______________ Hazmat Fees: ______________________ Overhead/Other (optional): ___________

Estimated annual total for 230 cylinders: _______________

CLIN 3001 – Option Year 3 Purchase and delivery of hydrogen gas in accordance with the Statement of Need. Period of Performance 01/01/2029 through 12/31/2029.

Provide unit pricing for the below:

Cost per cylinder: ___________________ Delivery Costs: _____________________ Cylinder Rental Costs: _______________ Hazmat Fees: ______________________ Overhead/Other (optional): ___________ Estimated annual total for 230 cylinders: _______________

CLIN 4001 – Option Year 4 Purchase and delivery of hydrogen gas in accordance with the Statement of Need. Period of Performance 01/01/2030 through 12/31/2030.

Provide unit pricing for the below:

Cost per cylinder: ___________________ Delivery Costs: _____________________ Cylinder Rental Costs: _______________ Hazmat Fees: ______________________ Overhead/Other (optional): ___________ Estimated annual total for 230 cylinders: _______________

Estimated aggregate total for all years: _________________

(vi) Description of requirements is as follows:

See attached Statement of Need which applies to Base Year and all Option Years 1 – 4.

INVOICES TO BE BILLED MONTHLY IN ARREARS. QUOTE PRICING MAY BE PROVIDED ON

ATTACHED SF18 FORM OR ON COMPANY LETTERHEAD.

(vii) Date(s) and place(s) of delivery and acceptance:

Period of performance shall be:

Base Year for a twelve month period 01/01/2026 through 12/31/2026.

Option Period 1 for a twelve month period 01/01/2027 through 12/31/2027 Option Period 2 for a twelve month period 01/01/2028 through 12/31/2028 Option Period 3 for a twelve month period 01/01/2029 through 12/31/2029 Option Period 4 for a twelve month period 01/01/2030 through 12/31/2030

The start date is an estimate and is subject to new funding approval processes. If there is a significant delay in awarding this contract, a shortened base year Period of Performance may be utilized or an updated quote may be requested with a new 12-month base year and corresponding option years.

Delivery shall be FOB Origin to:

Amarillo WFO Upper Air Inflation Building 1900 English Road Amarillo, TX 79108.

(viii) FAR provision 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services (Sept 2023), applies to this acquisition and can be found on the Request for Quote form SF18 attachment.

(ix) FAR provision 52.212-2, Evaluation-Commercial Products and Commercial Services (Nov 2021), applies to this acquisition and can be found on the Request for Quote form SF18 attachment.

(x) FAR provision 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services (Oct 2025) (Deviation 2025-02) (Deviation 2025-03) (Feb 2025), applies to this acquisition and can be found on the Request for Quote form SF18 attachment. Offerors are advised to include a completed copy of the provision with its offer, unless the offeror’s Reps & Certs section on SAM.gov is accurate and current.

Per Deviation 2025-02/03: System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation, and paragraph (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

(xi) FAR clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023), applies to this acquisition and can be found on the Request for Quote form SF18 attachment.

(xii) FAR clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Oct 2025) (Deviation 2025-02) (Deviation 2025-03) (Feb 2025), applies to this acquisition and can be found in full text on the Request for Quote form SF18 attachment.

(xiii) Any additional contract requirement(s) or terms and conditions that apply can be found on the Request for Quote form SF18 attachment.

(xiv) Defense Priorities and Allocations System (DPAS) and assigned rating does not apply.

(xv) Quotes are required to be received in the contracting office no later than 12:00PM MST/MDT on 12/12/2025. All quotes must be submitted electronically via email to Jamie.Rosales@noaa.gov.

(xvi) Any questions regarding this solicitation should be submitted electronically via email to Jamie.Rosales@noaa.gov.

UTILIZATION OF FEDCONNECT® FOR CONTRACT ADMINISTRATION

The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net.

There is no charge for registration in or use of FedConnect®.

(End)

1352.215-72 Inquiries (Apr 2010)

OFFERORS MUST SUBMIT ALL QUESTIONS CONCERNING THIS SOLICITATION IN WRITING

VIA EMAIL TO JAMIE.ROSALES@NOAA.GOV. QUESTIONS SHOULD BE RECEIVED NO

LATER THAN 12/10/2025. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

(End of clause)

FAR 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror.

1. Submit PDF or Microsoft Word format quotations to the office specified in this solicitation at or before the time specified in the solicitation. Quote documents shall include signed copies of the SF 18 and SF 30(s) to acknowledge the solicitation and any applicable amendments. Email quotes are required and can be sent to Jamie.Rosales@noaa.gov.

2. Offeror shall have an active registration in the System for Award Management (SAM found at https://sam.gov/content/home) in order to provide a quote and be eligible for award. Must provide their UEID/CAGE CODE with their quote.

3. Offerors shall assume that the Government has no prior knowledge of them or their capability.

4. Offerors must provide all evaluation criteria in accordance with FAR 52.212-2. Offerors who do not provide all evaluation criteria may not be considered.

1. Technical Acceptability/Capability.

2. Specification Sheet.

3. Price

THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF

QUOTES. IT IS THE CONTRACTOR’S RESPONSIBILITY TO REQUEST AND RECEIVE A

CONFIRMATION OF THE QUOTE RECEIPT.

FAR 52.212-2 Evaluation- Commercial Products and Commercial Services (Nov 2021) Offers will be evaluated based on price and the factors set forth in paragraph (a).

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Paragraph (a) is hereby completed as follows: Evaluation will be based on the following pass/fail criteria;

1. Technical Acceptability/Capability.

Quote shall include a statement demonstrating the offeror’s capability to perform the required scope of work, including relevant experience for the same or similar services within the past two years and the offeror’s understanding of the requirement. The statement must not be a reiteration of the Statement of Work. Failure to address the full requirements of the Statement of Work will be considered a fail and the quote will not be accepted.

3. Price.

The Government intends to award a low priced, technically acceptable, single firm fixed-price purchase order on an all or none basis with payment terms of Net 30.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

(End of provision)

STATEMENT OF NEED (SON)

DEPARTMENT OF COMMERCE (DOC)

NATIONAL OCEANIC ATMOSPHERIC ADMINISTRATION (NOAA)

NATIONAL WEATHER SERVICE (NWS)

AMARILLO, TX WFO (WEATHER FORECAST OFFICE)

HYDROGEN GAS SUPPLY, DELIVERY AND CYLINDER RENTAL

DELIVERY PERIOD:

Base: January 1, 2026 to December 31, 2026 Option 1: January 1, 2027 to December 31, 2027 Option 2: January 1, 2028 to December 31, 2028 Option 3: January 1, 2029 to December 31, 2029 Option 4: January 1, 2030 to December 31, 2030

1. BACKGROUND:

The National Weather Service (NWS) is a 24-hour, 365-day operation, and is a public safety agency. The primary mission of the NWS is protection of life and property. The NWS in Amarillo, TX launches weather balloons routinely twice a daily Each balloon requires approximately 75 cubic feet (CF) of hydrogen.

Instrumentation is attached to each balloon which provides measurements of temperature, humidity, wind speed and direction, and height. This data is transmitted worldwide and used to make weather forecasts out to 10 days.

2. OBJECTIVE

The objective of the NWS is to receive and keep on-site an adequate supply of hydrogen gas in individual cylinders to perform the weather balloon launches on schedule.

3. SCOPE

The Contractor is responsible for supplying hydrogen to the NWS upper air building located at 1900 English Road Amarillo, TX 79108. The contractor will deliver up to 230 tanks per performance period. The tanks will be 300CF. The hydrogen will be supplied at regular intervals throughout the period, provided as individual cylinders, delivered approximately every two weeks. See Delivery Schedule in Section 6, below, for details.

4. PLACE OF PERFORMANCE

All deliveries are to be made to the NWS office at 1900 English Road Amarillo, TX 79108. The point of delivery is at the Upper Air Inflation Building, located east of the main office building, past the locked gate, at the end driveway. The hydrogen truck is permitted to use the driveway for delivery. The hydrogen storage area room is accessed through a double door located on the south side of the Inflation Building (arrow on picture of the property and facilities below). NWS personnel will be responsible for opening, closing, and securing gates and doors at the NWS facilities and property. Someone is always at the main office, so contact them to open the gate and the Upper Air Inflation Bldg. hydrogen storage area double doors. There is a slight rise into the hydrogen storage area room from the outside, with a door sill that the cylinders must be rolled over. Otherwise, the point of delivery area is flat.

5. REQUIREMENTS

Site Storage and Usage: All hydrogen must be provided in individual cylinders as the facility is not arranged to allow for other configurations. The Government has space in the hydrogen storage area room to receive and store up to 10 cylinders of hydrogen at a time. This site uses a minimum of 150 CF of hydrogen every day of the year. Actual use can vary, particularly if we have to launch extra balloons.

The Contractor shall ensure bottles are individually and securely chained upright at delivery and placed in an orderly/neat and clean fashion with cap loose and nozzle facing out. Chain lengths are approximately 22 inches, enough to chain each bottle individually. NWS personnel will not assist with loading or unloading of cylinders. NWS personnel will make an attempt to mark empty cylinders by placing a string around the neck of each empty cylinder. The Contractor will remove the boxes and place them away from the main traffic area and the cylinders, on the East side of the room. The Contractor will unchain each empty cylinder prior to removal. After cylinders are replaced and secured, any extra chains will also be placed away from the main traffic area and the cylinders. Our Upper Air Inflation Building hydrogen storage area room is in the picture below.

Initial Delivery: The contractor will supply 10 full 300 CF individual cylinders. Initial delivery date will be at the start of the period of performance

Delivery Schedule: The contractor shall deliver eight (8) full 300CF cylinders every two weeks after the initial delivery. Deliveries will be made either Tuesday or Wednesday between the hours of 0800 and 1500 local time. This is a strict time slot as the balloon launches must not be delayed or interrupted in order to receive the delivery. Balloon launches occur twice a day, every day of the year, regardless of holidays.

Therefore, the delivery schedule needs to be maintained regardless of holidays. If a holiday falls on a scheduled delivery day and the Contractor is not able to complete a regularly scheduled delivery, the Contractor shall make arrangements in advance for an alternate delivery date. The Contractor will contact the NWS office if a delivery is going to be delayed for any other reason. If the Contractor is unable to find a reasonable supply in time to fill the requirement, the NWS reserves the right to purchase hydrogen from another supplier outside of this contract.

If additional cylinders are required at the next regularly scheduled delivery, the NWS will contact the

Contractor and request the additional cylinders. NWS will contact the contractor two business days prior to the next scheduled delivery. The total number of cylinders will not exceed 230.

The Contractor shall contact NWS personnel at this location when arriving for a delivery. The loading area is located on the South side of the Inflation Building. The loading area will remain clear of obstructions and all safety rules shall be followed. Cylinders can be rolled from a truck lift gate to its delivery point. All equipment necessary for loading and unloading the hydrogen shall be provided by the Contractor.

The delivery schedule shall be arranged with the Upper Air Program Point-of Contact, Meteorologist-In- Charge (MIC), or Administrative Support Assistant (ASA) upon contract award (see section 9 below for contact information).

Transition Period: If this contract is awarded to other than the incumbent Contractor, then prior to the first day of the contract, the new Contractor and one of the agency points of contact, listed in section 8 below, shall establish the delivery schedule, including coordinating the initial delivery to coincide with the pickup of cylinders by the former Contractor. Likewise, upon completion of this contract, if the new follow-on contract is awarded to other than the current Contractor, the current Contractor shall participate in the transition coordination efforts in order to minimize the risk of a missed balloon launch due to the hydrogen being unavailable at the launch site. The end-of-contract transition period may include a lighter delivery in the final weeks of the contract.

Evidence of Delivery: The Driver shall provide evidence of delivery by way of receipt signed by an NWS representative at the time of delivery. A copy of the signed receipt shall be left with the NWS representative, and a copy shall also be attached to the associated invoice. NWS will perform random tests of bottles delivered using a certified pressure gage and notify the contracted vendor within 48 hours of discrepancies.

After that time, the vendor will be held harmless for shipment discrepancies.

Compliance: At the start of the contract the contractor will provide the government with a “Certified Pressure Gauge” that will be used to verify the pressure of the bottles. The pressure gauge will be recertified annually at the contractor’s expense in accordance with the option periods. If any of the deliveries do not conform to contract requirements (i.e. a delivery of tanks not completely filled), the Government reserves the right to require the Contractor to bring the delivery into conformity with contract requirements, at no increase in contract amount (i.e. without additional delivery charges).

6. SAFETY AND SECURITY

All rules concerning safety, not smoking and the security of the property must be observed at all times.

Safety Data Sheets (SDS) must be provided by the Contractor to the MIC or ASA at each Office, where the information will be kept on file in accordance with applicable guidelines of the OSHA Hazard Communications Standard. Requirements pertaining to recordkeeping will be strictly followed, with copy(s) provided to MIC as necessary and upon request.

7. POINTS OF CONTACT

Will be provided at the time of award.

8. INVOICING

The Contractor will invoice within 5 to 7 days of each delivery, and within 5 to 7 days for any pre-negotiated monthly related surcharges or fees in arrears for that month (i.e. cylinder rental fee, etc.). The invoice must include the following items:

a. Name and address of the Contractor, which must be the same as that on the Purchase Order.

b. Invoice date and invoice number.

c. Purchase Order number and associated line-item number from the Purchase Order.

d. Description, quantity, unit of measure, unit price and extended price of supplies delivered.

e. Date of delivery.

f. Evidence of delivery by way of receipt signed by NWS representative at the time of delivery

g. Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice (a defective invoice is one that does not meet all the above requirements)

The invoices must be submitted using the system governments Invoice Processing Platform (IPP)

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV. 6/1995)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

8. TO:

b. COMPANYa. NAME

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

d. STATE e. ZIP CODE

7. DELIVERY

FOB DESTINATION

OTHER

(See Schedule)

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NUMBER

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

PAGE OF PAGES

1. REQUEST NUMBER 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NUMBER 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY 6. DELIVER BY (Date)

NAME TELEPHONE NUMBER

AREA CODE NUMBER

c. CITY

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

1900 ENGLISH ROAD

WAD-SAP

325 BROADWAY, SOU6

BOULDER CO 80305

1305M326Q0004

JAMIE ROSALES

AMARILLO WFO TEXAS

79107

12/03/2025

12/12/2025 1200 MS

AMARILLO

TX

1 42

1305M326Q0004 BASE

Section II - Supplies or Services and Price/Costs Section IX - Contract Clauses

Section II - Supplies or Services and Price/Costs

CLIN List

Item Number Description Quantity Unit Unit Price Amount

Base Year Purchase and delivery of hydrogen gas in accordance with the Statement of Need.

Period of Performance 01/01/2026 through 12/31/2026.

Provide unit pricing for the below:

Cost per cylinder: ___________________ Delivery Costs: _____________________ Cylinder Rental Costs: _______________ Hazmat Fees: ______________________ Overhead/Other (optional): ___________ Estimated annual total for 230 cylinders:

Award Type: Firm-fixed-price Product/Service Code: 6830

Option Year 1 Purchase and delivery of hydrogen gas in accordance with the Statement of Need.

Period of Performance 01/01/2027 through 12/31/2027.

Provide unit pricing for the below:

Cost per cylinder: ___________________ Delivery Costs: _____________________ Cylinder Rental Costs: _______________ Hazmat Fees: ______________________ Overhead/Other (optional): ___________ Estimated annual total for 230 cylinders:

Award Type: Firm-fixed-price Product/Service Code: 6830 Period of Performance: 01/01/2027 to 12/31/2027

Option Year 2 Purchase and delivery of hydrogen gas in accordance with the Statement of Need.

Period of Performance 01/01/2028 through 12/31/2028.

Provide unit pricing for the below:

Cost per cylinder: ___________________ Delivery Costs: _____________________ Cylinder Rental Costs: _______________ Hazmat Fees: ______________________

Item Number Description Quantity Unit Unit Price Amount

Overhead/Other (optional): ___________ Estimated annual total for 230 cylinders:

Award Type: Firm-fixed-price Product/Service Code: 6830 Period of Performance: 01/01/2028 to 12/31/2028

Option Year 3 Purchase and delivery of hydrogen gas in accordance with the Statement of Need.

Period of Performance 01/01/2029 through 12/31/2029.

Provide unit pricing for the below:

Cost per cylinder: ___________________ Delivery Costs: _____________________ Cylinder Rental Costs: _______________ Hazmat Fees: ______________________ Overhead/Other (optional): ___________ Estimated annual total for 230 cylinders:

Award Type: Firm-fixed-price Product/Service Code: 6830 Period of Performance: 01/01/2029 to 12/31/2029

Option Year 4 Purchase and delivery of hydrogen gas in accordance with the Statement of Need.

Period of Performance 01/01/2030 through 12/31/2030.

Provide unit pricing for the below:

Cost per cylinder: ___________________ Delivery Costs: _____________________ Cylinder Rental Costs: _______________ Hazmat Fees: ______________________ Overhead/Other (optional): ___________ Estimated annual total for 230 cylinders:

Estimated aggregate total for all years:

Award Type: Firm-fixed-price Product/Service Code: 6830 Period of Performance: 01/01/2030 to 12/31/2030

Section IX - Contract Clauses

Clauses Incorporated by Reference Clause Number Clause Title

52.204-7 System for Award Management. (NOV 2024)

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting.

(AUG 2020)

52.204-17 Ownership or Control of Offeror. (AUG 2020)

52.204-18 Commercial and Government Entity Code Maintenance.

(AUG 2020)

52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)

52.232-18 Availability of Funds. (APR 1984) 1352.201-70 Contracting Officer's Authority. (MAR 2010) 1352.209-73 Compliance with the laws. (APR 2010) 1352.209-74 Organizational conflict of interest. (APR 2010)

FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (May 2024) (Deviation 2025-02) (Feb 2025) (Deviation 2025-03) (Feb 2025)

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

(a) Definitions. As used in this provision—

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

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

Forced or indentured child labor means all work or service—

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

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

Sensitive technology—

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

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

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

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

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

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

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

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

(see subpart 19.14).

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

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

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

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

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

Small business concern—

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

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

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that—

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2);

and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

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

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

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

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

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

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

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

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

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

FAR 4.1201), except for paragraphs __.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) [Reserved].

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

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

(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

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

(iv) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” “domestic end product,” "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

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

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No. ___

[List as necessary]

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

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

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

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

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

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

Line Item No. Country of Origin

[List as necessary]

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

Other Foreign End Products:

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

[List as necessary]

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

Line Item No. ___

[List as necessary]

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

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

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

Israeli End Products:

Line Item No.

[List as necessary]

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

(g)(1)(ii) for paragraphs (g)(1)(i)(B) and (g)(1)(ii) of the basic provision:

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